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Preliminary Draft of a Bill 


CODIFYING THE EXISTING 


General Laws Relating to Boroughs 


REVISED DRAFT 


' ‘ 
\ AMSY tI VamwTI & 





LEGISLATIVE REFERENCE BUREAU 





HARRISBURG, PA.: 
WM. STANLEY RAY, STATE PRINTER 
1915. 





PREFACE. 


By direction of the General Assembly of 1913 (Pamphlet Laws, 
1913, page 250) the Legislative Reference Bureau was directed “to 
cause to be prepared, for adoption or rejection by the General As- 
sembly, compilations, by topics of the existing general statutes, ar- 
ranged by chapters and sections, under suitable headings, with ac- 
companying lists of statutes to be repealed.” Also “to cause to be 
prepared codes of the existing laws on each of such topics, together 
with lists of statutes to be repealed, in the event of the adoption by 
the General Assembly of any of such codes.” 

Pursuant to this act several codes have been prepared by the bu- 
reau and will be submitted to the General Assembly of 1915 for its 
consideration. Among them is a codification of the general laws of 
Pennsylvania relative to Boroughs, a copy of which is herewith sub- 
mitted for the criticism of those interested in the subject. 

In preparing this code the law has been taken practically as it 
stands, changes being made only to clear up ambiguous provisions, 
eliminate redundancies and superfluous expressions, and harmonize 
conflicting statutes. A few minor changes have been made in mat- 
ters of procedure so as to make the whole system logical and uniform 
so far as the nature of the material permits. All changes of any 
nature have been noted in the appropriate place in the Exposition. 

The concluding chapter of this bill contains a specific repeal of all 
general acts and parts of acts relating to boroughs. The object is to 
have all the borough law of the State, other than local laws, com- 
prised in one statute. It will not alone simplify the law, but will 
render any reference to it sure and easy. 

In a task involving so much and so varied details it is inevitable 
that errors have occurred—both of omission and of inclusion. 

We shall be deeply gratified if the person into whose hands this 
revised draft comes will read it carefully, criticize it fully and 
freely and send any resulting suggestions or recommendations to the 
undersigned at an early date. 

Accompanying the draft is an exposition of the sources of the ma- 
terial for each section together with such comment as has been deemed 
necessary or pertinent. A chronological table of statutes codified has 
- been appended. 

January 15, 1915. JAMES McKIRDY, 
Harrisburg, Penn’a. Assistant Director, 
Legislative Reference Bureau. 


(1) 


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ITI. 


VI. 


AN ACT 


To Amend, Revise and Consolidate the Law Relating to Boroughs 





CHAPTERS. 


PRELIMINARY PROVISIONS. 
_CREATION—CHARTERS. 


ARTICLE I. INCORPORATION. 

ARTICLE Ii. CONSOLIDATION OF BOROUGHS. 

ARTICLE III. RE-ESTABLISHMENT OF BOR- 
OUGHS. 

ARTICLE IV. DIVISION OF BOROUGHS. 

ARTICLE V. AMENDMENT AND ANNULMENT 


| OF CHARTERS. 
‘CHANGE OF LIMITS—BOUNDARIES—WARDS. 
ARTICLE I. JHANGE OF LIMITS. 
ARTICLE II. BOUNDARIES. 
ARTICLE III. WARDS. 
ADJUSTMENT OF INDEBTEDNESS. 
GENERAL POWERS. 
SPECIAL POWERS. 
ARTICLE I. EMINENT DOMAIN. 
ARTICLE II. CONDEMNATION PROCEEDINGS 
IN COURT OF COMMON PLEAS. 
ARTICLE III. DAMAGES FOR INJURY TO 
PROPERTY. 
ARTICLE IV. OPENING, WIDENING, EXTEND. 
ING, STRAIGHTENING AND 
VACATING STREETS. 


ARTICLE V. “VACATION OF ROADS AND 
STREETS. 

ARTICLE VI. ROADS PARTLY WITHIN THE 
BOROUGH. . 


ARTICLE VII. STREET IMPROVEMENT. 


(5) 


VIT. 


VITl. 


IX. 


XI, 


ARTICLE VIII. 


ARTICLE IX. 


ARTICLE X. 


ARTICLE XI. 
ARTICLE XII. 


ARTICLE XIII. 


ARTICLE XIV. 


ARTICLE XV. 


ARTICLE XVI. 


ARTICLE XVII. 
ARTICLE XVIII. 


ARTICLE XIX. 
ARTICLE XX, 


GOVERNMENT. 


ARTICLE I. 
ARTICLE II. 
ARTICLE ITI. 
ARTICLE IV. 
ARTICLE V. 
ARTICLE VI. 
ARTICLE VII. 


ARTICLE I. 


ARTICLE II. 


ARTICLE I. 


ARTICLE IT. 
ARTICLE ITI. 


. LIBRARIES. 
BURIAL GROUNDS. 


STREETS 


COLLECTION BY INSTALMENT 
OF COST OF GRADING AND 
IMPROVING STREETS. 

AND HIGHWAYS 
CROSSING RAILROADS. 

PLANS AND LOCATION OF 
STREETS. 

SIDEWALKS. 

SEWERS. 

CONTRACTS 
RAILWAYS. 

BRIDGES AND VIADUCTS. 

ELECTRIC WIRES. _ 

WATER COURSES. | 

PUBLIC SERVICE. 

PUBLIC BUILDINGS 
WORKS. : 


WITH STREET 


AND 


‘WHARVES AND DOCKS. 


LICENSES AND LICENSE FEES. | 


COUNCIL. 

BURGESS. | 

HIGH CONSTABLE. 

AUDITORS. 

CONTROLLER. 

APPOINTED OFFICERS. 

BUREAU OF MINE INSPECTION 
AND SURFACE SUPPORT. 


KLECTIONS—VACANCIES IN OFFICE. 


NUMBER, TERM AND TIME OF 
KLECTION OF OFFICERS. 
FILLING OF VACANCIES. 


PARKS—SHADE TREES—FORESTS. 


PARKS AND PLAYGROUNDS. 
SHADE TREES. 
FORESTS. 


XII. ENFORCEMENT OF ORDINANCES—ACTIONS BY AND 
| AGAINST BOROUGHS. 


ARTICLE I. ENFORCEMENT OF ORDI- 
NANCES. 

ARTICLE II. ACTIONS BY AND AGAINST 
BOROUGHS. 


XIII. ACTS OF THE GENERAL ASSEMBLY REPEALED. 
Be it enacted by the Senate and House of Representatives, of the 


Commonwealth of Pennsylvania in General Assembly met, and it 
is hereby enacted by the authority of the same: 


CHAPTER I. 





PRELIMINARY PROVISIONS. 





ARTICLE I. 


Section 1. This act shall be known and may be cited as “The Gen- 
eral Borough Act.” 

Section 2. This act does not include any provisions, and shall not 
be construed to repeal any acts, relating to: 


1. The assessment, levy and collection of taxes, except 
taxes on dogs. 
2. The procedure for the collection of municipal claims 
by liens. 
3. The amount and method of incurring or increasing 
_ bonded indebtedness. 
4, Election officers and conduct of elections. 
5. Poor Districts. 
6. Boards of Health. 
7. Common Schools. 
8. Borough and Ward Constables. 
9. Justices of the Peace. 
0. The giving of municipal consent to Public Service Cor- 
porations, 7 
11. State Roads, State-Aid Roads, and Private Roads. 
12. Validations of elections, bonds, ordinances, and acts 
of corporate officers. 
13. Crimes and offences by Borough officers. 


7 


- 


Section 3. The provisions of this act so far as they are the same — 
as those of existing laws shall be construed as a continuation of such 
laws, and not as new enactments. The repeal by this act of any 
act of assembly or part thereof shall not revive any act or part there- 
of heretofore repealed or superseded; nor affect the corporate exist- 
ence of any borough heretofore incorporated. The provisions of this 
act shall not affect any act done, liability incurred, or right accrued - 
or vested, or affect any suit or prosecution, pending or to be insti- 
tuted, to enforce any right or penalty or punish any offense under 
the authority of such repealed laws. All ordinances, regulations 
and rules made pursuant to any act of assembly repealed by this act, 
shall continue with the same force and effect as if such act had not 
been repealed. Any person holding office under any act of assembly 
repealed by this act shall continue to hold such office until the 
expiration of the term thereof, subject to the conditions attached 
to such office prior to the passage of this act. 

Section 4. The provisions of this act shall be severable, and if 
any of the provisions shall be held to be unconstitutional, such de- 
cision shall not affect the validity of any of the remaining provisions 
of this act. 

Section 5. Whenever, in this act, reference is made to any act by 
title, such reference shall also apply to and include any codification, 
wherein the provisions of the act referred to are substantially re- 
enacted. 

Section 6. This act shall apply to all boroughs incorporated un- 
der general law and to those which have accepted the provisions of 
the act of April third, one thousand eight hundred fifty-one, entitled 
“An act regulating boroughs.” This act shall not annul or repeal 
any local or special act in force at the date of the passage of this 
act. . 

Section 7. Any borough or incorporated town, incorporated or 
acting under any local or special act of assembly may surrender the 
provisions of its special acts, so far as they are inconsistent with this 
act, by presenting a petition to the court of quarter sessions setting 
forth the desire of such borough or incorporated town to accept the 
provisions of this act. Such petition shall be made by the burgess, 
council or twenty-five qualified electors of the borough or incorpor- 
ated town. 

Upon the presentation of the petition, the court shall fix a day 
for hearing of which such notice shall be given as may be directed 
by the court. At such hearing any inhabitant of the borough or in- 
corporated town may remonstrate against the granting of the pe 
tition, and the court may grant or refuse the petition. 

If the court grant the petition, the decree shall be recorded in the 
office for the recording of deeds and thereafter the borough or in- 
corporated town shall be subject to all the provisions of this act, 


8 


and any such Ga picsiad town shall become a borough, and the 
local and special acts of assembly in force in any such borough or 
incorporated town shall be annulled so far as they are inconsistent 


_ with the provisions of this act. 


Section 8. When any borough or incorporated town shall accept 
_ the provisions of this act as provided by section seven of this article, 
all liabilities incurred, rights accrued or vested, obligations issued 

or contracted, and all suits and prosecutions, pending or to be in- 
. stituted, to enforce any right or penalty accrued or punish any of- 
fense committed prior to such acceptance, shall continue with the 
same force and effect as if no such acceptance had been made. 

Section 9. This act shall take effect on the first day of July, one 
thousand nine hundred and fifteen. 





CHAPTER II. 





CREATION—-CHARTERS. 





ARTICLE I. 





INCORPORATION. 


- Section 1. The courts of quarter sessions may incorporate any 
town or village within their jurisdiction, into a borough. Every 
part of such township or townships so incorporated, shall be a body 
corporate and politic, by the title which shall be given by the court. 

Section 2. The application for incorporation shall be in writing, 
and shall be signed within three months immediately preceding its 
presentation to the court by a majority of the freeholders residing 
within the limits of the proposed borough. 

Section 3. The application shall set forth the title of the pro- 
posed borough with a particular description of the boundaries thereof, 
exhibiting the courses and distances in words at aes, and be ac- 


_ companied with a plot of the same. 


Section 4. Upon presentation to the court the application shall 
be filed with the clerk, and notice thereof shall be given in one news- 
paper of the county for a period of not less than thirty days im. 
mediately before the next regular term following the filing thereof, 
during which time exceptions may be filed to the application by 
any person interested. The court at said term, if it shall find that 


9 


the conditions prescribed by this article have been complied with, 
may grant the prayer of the petitioners and make a decree accord- 
ingly, but if the court shall deem further investigation necessary, 
they may make such order thereon, as to right and justice shall ap- 
pertain. The application and decree shall be recorded in the re- 
corder’s office of the county at the expense of the applicants. 

Section 5. When the application and decree have been recorded, 
such part of a township or townships shall be an incorporated bor- 
ough, and shall be entitled to the several rights, privileges and im- 
munities conferred by this act. 

Section 6. When in any application, the boundaries fixed by the 
petitioners shall embrace lands exclusively used for the purposes of 
farming, the court may if it deem such land does not properly belong 
to the proposed borough, at the request of the party aggrieved, change 
the boundaries so as to exclude therefrom the land used for farm- 
ing purposes. : 

Section 7. The corporate title of boroughs incorporated under 
this act shall be “The borough of Xp: 

Section 8. All charters granted under this act shall set forth, 





1. The corporate title of the borough. 
2. The boundaries thereof. 


Section 9. An appeal to the superior court, may be had from any ~ 
decree incorporating a borough, within six months from the date of 
such decree, by not less than three persons aggrieved thereby. 

Section 10. The courts of quarter sessions shall fix the time and 
place of holding the first election in the borough, designate a per- 
son to give notice of the election and the manner thereof, and ap- 
point, from among the electors of the borough, a judge and inspec- 
tors to hold the first election. The officers elected at such special 
election shall hold their office, and their successors shall be elected 
and qualify, as provided for in chapter eight, article one, section 
twenty of this act. 

Section 11. The boundaries of the borough, shall as soon as prac- 
ticable after its incorporation, be marked, due notice being first given 
to the commissioners and supervisors of adjoining townships and to 
the corporate authorities of adjoining municipalities. 


10 


CHAPTER II. 





CREATION—CHARTERS. 





ARTICLE II. 





_ CONSOLIDATION OF BOROUGHS. 


Section 1. Whenever two or more boroughs situate in the same 
county or in different counties, shall be adjacent and of compact 
territory, they may be consolidated into one borough. 

Section 2. Such consolidation shall be made under the following 
conditions: 

(a). The councils of the boroughs may, of their own initiative or 

shall within sixty days after each is requested in writing by at least 
one hundred qualified electors of the respective borough, enter into 
a joint agreement, under the corporate seal of each borough, for 
the consolidation thereof into one borough. The joint agreement 
shall set forth the name of the new borough, the number of wards 
if any, into which the borough is to be divided, the territorial boun- 
daries thereof. It may also set forth such terms as have been agreed 
upon for the disposition of the assets of each of the boroughs, and 
for the liquidation of the indebtedness of each of the boroughs, either 
jointly, separately, or in certain defined proportions, and the adjust- 
ing and paying of the same by separate rates of taxation on all propt 
erty subject to taxation within the boundaries of such boroughs, re- 
spectively. 
+ (b). The question of the consolidation of such boroughs shall be 
submitted to the vote of the qualified electors of each of the boroughs 
at a special election to be held on a day to be designated in the joint 
agreement. ~The election shall be held by the regular election officers, 
and in accordance with the provisions of the laws regulating elec- 
tions. If such special election shall be ordered within ninety days 
of any general or municipal election, the election shall be held on 
the day fixed for the holding of such election. Notice of such elec- 
tion shall be given by proclamation by the high constables of the 
respective boroughs in the manner prescribed for proclamations for 
elections for municipal officers. 

(ec). The election shall be by ballots which shall be marked “Pro- 
posed consolidation” and below shall be printed the words “For con- 
solidation” and “Against consolidation,” and the elector shall desig- 
nate with an “X” his desire to vote for or against such consolida- 
ons. | 


11 


-“ 


(d). If the majority of the votes cast for and against the pro- 
posed consolidation at such election in each of the boroughs is in 
favor of the ratification of the agreement, that fact shall 
be certified to the council of each of the boroughs by the respective 
election boards or return judges, and the burgess and secretary of 
the respective borough shall cause a certification of the result to 
be indorsed upon the joint agreement. 

(e). The agreement, or a certified copy thereof, with all its in- 
dorsements shall be filed in the office of the secretary of the com- 
monwealth. Upon the filing thereof, the Governor shall cause let- 
ters patent to be issued under the great seal of the Commonwealth, 
consolidating the boroughs into one corporation by the name set 
forth in the joint agreement. A copy of such agreement, duly cer- 
tified by the secretary of the commonwealth under the seal of his of- 
fice, shall be evidence of the existence of the new borough. 

Section 3. Upon the issuance of letters patent, the several bor- 
oughs shall be a borough under the name provided in the agreement. 
The ordinances in force in each of such boroughs, at the time of 
such consolidation, shall continue in force throughout the territory 
for which they were originally enacted, until altered or repealed by 
the consolidated borough. 

Section 4. After such consolidation the rights, privileges and 
franchises of each of the boroughs, and all the property, real, per- 
sonal and mixed, and all debts due on whatever account and other 
things in action belonging to each of such boroughs, shall be vested 
in the new borough: The title to real estate vested in either of 
such boroughs shall not revert or be in any way impaired by reason 
of such consolidation. All rights of creditors and liens shall be 
preserved and all debts, liabilities and duties of either of such bor- 
oughs shall attach to such new borough and be enforced against it. 

Section 5. Any borough formed by the consolidation of boroughs 
situate in different counties shall be considered as under the juris- 
diction of the courts of that county in which is situate the borough 
first incorporated of those forming such consolidated borough. 


12 


CHAPTER II. 





CREATION—CHARTERS. 





ARTICLE III. 





_RE-ESTABLISHMENT OF BOROUGHS. 


‘Section 1. Where cities of the third class have been formed by 
_ joining together two or more boroughs, the court of common pleas 
upon the petition of not less than one-third of the registered electors 
of the territory formerly comprised within the limits of either of 
such boroughs, setting forth that the inhabitants of such territory 
wish to separate from the city and establish a borough organization, 
may appoint three commissioners, who shall investigate the facts 
‘set forth in such petition, and report to the court as to the ex- 
pediency of granting the prayer of the petitioners. 

Section 2. If the commissioners report in favor of setting off the 
territory from the city, they shall accompany their report with a plot 
of such territory, formerly comprising said borough or any such 
part thereof, as may be described in the petition. 

Section 8. The court shall thereupon order an election to be held 
on the next appointed day for the holding of a general or municipal 
election, at which time, the qualified electors within such territory 
shall vote for or against such separation. 

Section 4. If a majority of votes cast for and against such separa- 
tion, at such election shall be in favor of such separation, the court 
Shall make-a decree declaring such territory a borough, and ap- 
point one person qualified to serve as a member of the Senate of 
this Commonwealth to be the burgess of such borough, and seven 
persons qualified to serve as members of the House of Representatives 
of this Commonwealth to constitute the council thereof. Such of- 

-ficers shall hold their respective offices until the first Monday of 
January next, succeeding the municipal election at which a burgess 
‘and council are to be elected, as provided in chapter eight, article 
one, sections six and fourteen of this act. 

- Section 5. From the date of such decree the territory so erected 


into a borough shall be separate from such city, and shall be sub- 
ject to the provisions of this act. 


18 


CHAPTER II. 





CREATION—CHARTERS. 





ARTICLE IV. 





DIVISION OF BOROUGHS. 


Section 1. _When a borough has been erected from two or more 
villages the majority of the freeholders residing in any one or more 
of such parts of the borough may make application, by a petition 
in writing, to.the court of quarter sessions, praying that such part 
or parts may be set off from the borough and erected into a new bor- 
ough. ety a : 
Section 2. The petition shall be signed by the petitioners within 
_ three months immediately preceding its presentation to the court. 
Upon such presentation. it shall be filed with the clerk, Notice thereof 
shall be given in one. newspaper of the county for a period of not 
less than thirty days immediately before the next regular term fol- 
lowing the filing thereof, during which time exceptions may be filed 
by any person interested. If the court at said term shall find that 
the conditions prescribed by this article have been complied with, 
it may grant the prayer of the petitioners and make a decree ac- ~ 
Woatnaty. The petition and decree shall be recorded in the re- 
corder’s office of the county .at.the expense of the petitioners. 

Section 3. The part or parts of the borough, so set. off, shall 
thereupon be a.borough under a name given by the court, and shall 
be subject to the provisions of this act. 

Section. 4. The court shall fix the. time te ‘place: for 
holding the first election in the borough, designate a per- 
son to give notice of such election, and appoint from among the elec- 
tors of the borough, a. judge and.inspectors to hold the first elec- 
‘tion. The officers elected at such. election shall hold their offices, 
and their successors shall be. elected and qualified as provided in 
chapter eight, article one, section twenty of this act. 
| Section 5. An appeal to. the superior court may be had. from, any 
“decree incorporating such part. or parts of the borough into a bor- 
ough, within six months after the date of the decree, by not less than 
three persons, aggrieved thereby. 

Section 6. Whenever any territory shall be jotnceet from. a. Bee 
ough under the procedure set forth in sections one, two, three, four, 
five, six, seven and eight of article one, chapter three, of this act, — 
the court of quarter sessions may decree that the portions 
so detached shall constitute a new borough, if the same 


AE 


14 : 


~ 


shall be to the best interests of the several boroughs, townships and 
school districts affected thereby and the residents of the territory so 
detached; and shall order and direct a special election to be held for 
the election of officers for such borough. The officers elected at such 
special election shall hold their respective. offices, and their suc- 
cessors shall be elected and qualify as provided in chapter eight, 
article one, section twenty of this act. No such borough shall be 
created, unless the intention to do so has been set forth in the 
original petition filed, or after thirty days’ notice in such manner 
as the court may direct. 





CHAPTER II. 





CREATION—CHARTERS. 





ARTICLE VY. 





AMENDMENT AND ANNULMENT OF CHARTERS. 


Section 1. The court of quarter sessions may, with the concur- 
rence of the grand jury, and upon application in writing of two- 
thirds of the taxable inhabitants of any borough, annul or alter the 
charter of such borough. 

Section 2. The application shall be signed by the petitioners 
within three months immediately preceding its presentation to the 
court. Public notice of the intended application for such annul- 
ment or amendment shall be given in at least one newspaper of the 
_eounty for a period of not less than thirty days immediately before 
the application shall be presented. 

Section 3. The application shall be laid before the grand jury at 
the same term of court when presented, if the same can be con- 
veniently done, and in no case later than the next subsequent term 
of the court. If the grand jury, shall find that the conditions pre- 
scribed by this article have been complied with, and shall believe it 
expedient to grant the prayer of the petitioners, they shall certify 
the same to the court, which certificate shall be entered of record. 
No further proceedings shall be had until the succeeding term of the 
court, at which term the judgment of the grand jury may be con- 
firmed. If the decree of the court shall be in conformity with the 
prayer of the petitioners, the petition and decree shall be recorded in 
‘the recorder’s office of the county at the expense of the applicants. 


oH “15 


CHAPTER III. oe 





CHANGE OF LIMITS—BOUNDARIES—WARDS. ~ 





ARTICLE T. 





CHANGE OF LIMITS. 





(a) ON PETITION OF FREEHOLDERS OF BOROUGH. 


Section 1. The court of quarter sessions, with the concurrence 
of the grand jury, may, upon petition, change the limits of any bor- 
ough heretofore incorporated by the courts of quarter sessions from 
a town or village, or incorporated under the provisions of chapter 
two, article one, of this act. 

Section 2. The provisions of the preceding section do not 
authorize a change of borough limits by the detachment of territory 
and its annexation to a contiguous township. 

Section 3. Notice of the intended application shall be given in at 
least one newspaper of the county for a period of not less than thirty 
days immediately before the presentation of the petition. ; 

Section 4. The petition shall be signed by a majority of the free- 
holders residing in the borough, within three months immediately 
preceding its presentation to the court. It shall set forth a descrip- 
tion, and be accompanied with a plot, showing the courses and dis- 
tances, of the boundaries of the borough, before and after the pro- 
posed change of limits. 

Section 5. The petition, except as provided in section two, of this 
article, shall be laid before the grand jury at the same term of 
court when presented, whenever the same can be conveniently done, 
and in no case later than the next subsequent term of the court. 

Section 6. If the grand jury shall believe it expedient to graut 
the prayer of the petitioners, they shall certify the same to the court. 
The certificates shall be entered of record and no further proceedings 
had until the succeeding term of the court, at which term the judg- 
ment of the grand jury may be confirmed. If the court shall 
deem further investigation necessary it may make such order, as to 
right and justice shall appertain. If the court shall grant the prayer 
of the petitioners, the petition and decree shall be recorded in the 
recorder’s office at the expense of the petitioners. 

Section 7. Whenever the court shall make a decree changing the 
limits of any borough as provided by the foregoing sections of this 
article, by detaching therefrom any portion of the territory included 


16 


\ 


therein, the court shall make a further decree directing that the 
portion so detached shall constitute a new borough, a new township 
or become part of an adjacent borough, as to the court may seem 
best. This section does not authorize the creation of a new bor- 
ough unless the intention to do so has been set forth in the peti- 
tion or until after thirty days’ notice in such manner as the court 
may direct. In the case of the erection of a new borough, the court 
shall order a special election, as provided in chapter two, article 
four, section six of this act. 

Section 8. In case any officer of the borough, from which any 
territory is detached, resides in the portion so detached, he shall from 
the time of the decree cease to exercise the function of said office, 
‘and the office shall be vacant, and shall be filled by the court of 
quarter sessions from the electors of the borough, who shall hold 
office for the unexpired term, and until their successors qualify. The 
remaining members of council shall constitute the council for the 
transaction of all business until the vacancies shall have been filled. 


(b) By ANNEXATION ON PETITION OF FREEHOLDERS 
; OUTSIDE THE BOROUGH. 


(1) Where territory is in one county. 


Section 9. The court of quarter sessions with the concurrence of 
the grand jury, may, upon petition, change the limits of any borough 
by the annexation of adjacent territory. 

Section 10. Personal notice of the intended application shall 
be given to the burgess and council of the borough, and to the com- 
missioners or supervisors of the township in which the petitioners 
reside. Notice of such application shall also be given in one news- 
paper of the county for a period of thirty days immediately before 
the presentation of the petition. 

Section 11. The petition shall be signed by a majority of the free- 
holders residing within the territory to be annexed. It shall set forth 
a description, and be accompanied with a plot, showing the courses 

and distances, of the boundaries of the borough before and after 
the proposed annexation. 

Section 12. The court shall cause the petition to be laid before 
the grand jury, and if the grand jury shall believe it expedient to 
grant the prayer of the petitioners, they shall certify the same to the 
court; which certificate shall be entered of record for confirmation by 
the court. The court may make such order thereon as to right and 
justice shall appertain. If the court shall confirm the petition, the 
said petition and decree shall be recorded in the recorder’s office 
of the county at the expense of the petitioners. Thenceforth the ter- 
ritory so annexed shall be a part of the borough. 

(2) Where territory is in two or more counties 


17 


Section 18. The court of quarter sessions may, upon petition, 
annex to any adjacent borough territory, situated in two or more 
counties. 


The petition shall be signed by a majority of the taxable inhabi- 
tants of such territory and shall be presented to the courts of 
quarter sessions of all the counties in which the territory and the 
borough are situated. 


Section 14. Notice of the intended application shall be given in 
one newspaper of general circulation in the territory, and in the bor- 
ough, for a period of thirty days immediately before the presenta- 
tion of-the petition to any of the courts. | 

Section 15.. Upon presentation of the petition, the several courts 
shall each appoint one person as commissioner, and the commission- 
ers so chosen shall select an additional one, who shall be a surveyor. 


The commissioners shall be severally sworn or affirmed, within 
sixty days from their appointment and selection, and shall view the 
territory sought to be annexed. They shall report to the several 
courts at the respective terms next following such appointment or 
as soon thereafter as possible. The reporis shall state that the com- 
missioners were sworn or affirmed, and that they were all present 
at the view. If the commissioners favor the proposed annexation, . 
they shall accompany their reports with a plot showing the courses 
and distances of the boundaries of the territory proposed to be an- 
nexed and the quantity of land therein contained. 


Section 16. Any person interested may petition any of the courts 
at the term to which the respective report is made, for a rule on any 
two or more persons signing the original petition, to show cause why 
the report should not be approved. The rule shall be returnable not 
later than the succeeding term. If the rule is confirmed the persons 
signing the original petition shall pay the costs of the entire pro- 
ceeding; if such rule is discharged the costs shall be opatd by those 
petitioning for its issue. 

Section 17. If each of the courts shall approve the report of the 
commissioners, the whole proceeding shall be entered on the record 
of each court and the territory annexed shall be a part of the bor- 
ough. Each commissioner shall receive five dollars per day for each 
day necessarily employed in the discharge of his duties, to be paid, 
if such territory is annexed, by the borough. 7 


(c) BY ANNEXATION ON PETITION ‘TO COUNCIL. 


Section 18. Any borough may, by ordinance, annex adjacent. jand 
situate in the same or any adjoining county, upon petition of a ma- 
jority of the freeholders of.the territory. proposed to be annexed. 


18 


Section 19. A certified copy of the ordinance, together with a de 
scription and a plot showing the courses and distances of the boun- 
daries of the borough before and after such proposed annexation, 
shall be filed in the court of quarter sessions of the county or in case 
the land proposed to be annexed is situate in an adjacent county, 
then in the courts of both counties. Thereupon the territory pro- 
posed to be annexed shall be a part of the borough. 


(d) BY DETACHMENT OF TERRITORY. v 
(1) Where it is annexed to a contiguous township. 


Section 20. The court of quarter sessions, upon petition, may 
change the limits of any borough by detaching territory therefrom 
and annexing the same to a contiguous township or townships. 

Section 21. The pétition shall be signed by a majority of the free- 
hold residents of the borough, except where the dividing line between 
a borough and a township shall separate the lands of any person, in 
which case the petition may be made by any freeholder whose lands 
are so divided. The petition shall contain the names of the contiguous 
township or townships to which the territory is proposed to be an- 

nexed, and shall set forth a description, and be accompanied with a 
_ plot, showing the courses and distances of the boundaries of such 
township or townships before and after the proposed change of 
limits. | 

Section 22. Upon its presentation the court shall order the peti- 
tion filed and shall fix a time for hearing. Notice of the filing of 
the petition shall be given to the supervisors of the townships. and to 
the secretary of the borough and president of council at least twenty 
days pirior to the date of hearing. If the court shall determine in 
fayor of the proposed detachment of territory, it shall state in its 
decree to what adjacent township or townships the territory so de- 
tached shall be annexed. The petition and decree shall be recorded 
in the office for the recording of deeds of the county at the expense 
of the petitioners and thenceforth the boundaries of the borough and 
of the adjacent township or townships shall be as decreed by the 
court. 


(2) By reason of natural or artificial causes. « 


‘Section 23. Whenever the territory of any borough is divided by 
reason of natural or artificial causes, or whenever any part of a 
borough is so located that access to the remaining portion can be 
had only by passing through some other township or borough, the 
court of quarter sessions, on petition signed by persons represent- 
ing at least two-thirds of the value of the real property, and two- 
thirds of the inhabitants, of the borough, may detach therefrom the 
part so divided or located and annex it to an adjacent borough or 
township. 


19 


Section 24. Upon its presentation the court shall order the peti- 
tion filed, and shall direct that notice thereof be given to the bor- 
- ough or to the township whose boundaries may be affected; and shall 
also fix a time for hearing. 

Section 25. If the decree of the court shall be in conformity with 
the prayer of the petitioners, the boundaries of the borough from 
which the territory is detached, and of the borough or township to 
which such detached portion is annexed shall be as decreed by the . 
court. 





CHAPTER III. 


CHANGE OF LIMITS—BOUNDARIES-—-WARDS. 





ARTICLE II. 





BOUNDARIES. 


Section 1. Whenever any borough is bounded by the nearest mar- 
gin of a navigable stream, and an opposite township, borough, or 
city, is also bounded by the nearest margin of the same stream, the 
boundaries of such borough, shall extend to the center line of the 
stream. 

Section 2. The court of quarter sessions, upon petition, may as- 
certain and establish disputed boundaries between two or more bor- 
oughs, between boroughs and cities, or between boroughs and town- 
ships. 

Section 3. Upon such petition, the court shall appoint as com- 
missioners three impartial men, one of whom shall be a surveyor. 
After giving notice to parties interested as directed by the court, 
they shall view the disputed boundaries. The commissioners, or 
any two of them, shall report to the next succeeding term of. court, 
which report shall contain their recommendations and be aecom- 
panied with a plot of the proposed boundary, if the same cannot be 
fully described by natural lines. 

Section 4. Any person interested may petition the court for a 
review or may except to the report of the commissioners. When 
matters of fact are in dispute, the court may frame an issue and 
certify the same for trial to the court of common pleas. 


20 


A 


Section 5. The commissioners shall each receive three dollars 
per day, except the surveyor, who shall receive five dollars per day, 
for each day necessarily employed in the performance of their du- 
ties, and mileage at the rate of ten cents per mile for each mile neces- 


_ sarily traveled, to be paid by the county. 


Section 6. Whenever a boundary is established pursuant to the 
preceding sections of this article, the court shall cause the same to 
be marked with stone monuments placed at intervals, not exceed- 
ing fifteen hundred feet, and the expense thereof, when approved by 
the court, shall be borne equally by the municipalities or townships 
interested. 

Section 7. Whenever the dividing line between two adjoining 
boroughs is uncertain, or whenever adjoining boroughs desire that 
the dividing line should be changed, the borough council may declare 
and fix such boundary line or may change the same in the manner 
hereinafter set forth. 

Section 8. Such dividing line shall be determined and fixed, or 
changed, by ordinance passed by the councils of each borough, by 
the affirmative votes of not less than two-thirds of all the members 
elected to each of the councils, and approved by the respective bur- 
gesses. A plot showing such dividing line and the changes in the 
same, together with certified copies of the ordinances, authorizing 
the action taken, shall be filed in the office of the clerk of the court 
of quarter sessions, within thirty days after the appiroval of the last 
ordinance relating to the matter. 

Section 9. Any citizen of either borough may appeal from the 
ordinances, within thirty days of the filing of such plan, and the 
court shall make such decree thereon, as to right and justice shall 
appertain. 

Section 10. Whenever the dividing line between adjoining bor- 
oughs, situate in the same county separates the property of the 
same owner into two or more parts, the court of quarter sessions, on 
petition of the council of either borough, or upon the petition of the 
property owner, may change the dividing line so that the whole of 
the property shall be thereafter located in one of the boroughs. No 
such change shall be made, until the written consent of the borough 
councils, and of the party whose land is affected, where they do not 
appear as petitioners, is obtained and filed of record. 

Section 11. Any costs and expenses incurred under the provision 
of the preceding section shall be paid by the petitioners. 


21 


CHAPTER III. 





CHANGE OF LIMITS—BOUNDARIES—WARDS. 





ARTICLE III. 





WARDS. 


Section 1. The court of quarter sessions, upon petition, may di- 
vide boroughs into wards, erect new wards out of two or more ad- 
joining wards, or parts thereof, divide any ward already erected into 
two or more wards, or alter the lines of any two or more adjoining 
wards, and may cause the lines or boundaries to be ascertained and 
established. | | 

Section 2. The petition shall be signed by twenty freehold resi- 
dents of the borough, or of the ward whose limits it is proposed to 
change. Upon its presentation, the court shall appoint three im- 
partial men as commissioners, to inquire into the propriety of grant- 
ing its prayers. The commissioners or any two of them shall make a 
report to the next term of the court, and shall accompany it with a 
plot showing the boundary of the borough and wards before and 
after the proposed change, whenever the same cannot be fully desig- 
nated by natural lines. 
~ Section 3. The court shall confirm the report nisi, which con- 
firmation shall become absolute, unless exceptions are filed before 
the third day of the term next succeeding. The court may grant 
a review, if a better adjudication may thereby be secured, upon a 
petition presented before the third day of such succeeding term. 

Section 4. The commissioners appointed pursuant to section two 
of this article shall each receive three dollars per day, except a sur- 
veyor, who shall receive five dollars per day, for each day necessarily 
employed in the discharge of their duties, and mileage at the rate 
of five cents per mile for every mile necessarily traveled. 

Section 5. Such compensation shall be paid by the county 
during the term of court to which the report is made, to be reim- 
bursed by the petitioners as directed by the court. To secure such 
reimbursement the court may require the petitioners to file a bond 
with their petition. 

Section 6. Officers in office at the time of any changes made pur- 
suant to the preceding sections, of this article, shall remain in - 
office until the expiration ofthe terms for which they have been 
elected. In case any vacancy shall occur, the same shall be filled 
by the court of quarter sessions, until the first Monday of January 
next succeeding the election at which such officers are eleeted as 
provided in chapter eight, article one of this act. 


22 


Section 7. Boroughs may, by ordinance, change the name of any 
ward to number, or change the number of any ward to name. No 
such ordinance shall go into force until a certified copy thereof be 


- filed with the clerk of the court of quarter sessions. 


ei 





CHAPTER IV. 





ADJUSTMENT OF INDEBTEDNESS. 





ARTICLE I. 





(a) WHEN INCORPORATED FROM A TOWNSHIP. 


Section 1. Whenever a township is merged into one or more bor- 
oughs, or whenever a borough is erected out of a township oer parts 
of adjoining townships, every such borough shall share in just pro- 
portion in the rights and liabilities of such townships, existing at 
the time of its incorporation. In all pending actions and actions 
thereafter brought by or against such townships, the borough liable 
or entitled shall, by order of court, be made party plaintiff or defend- 
ant, as the case may be. 

Section 2. The proportion to be paid by the borough, shall be 
ascertained by reference to the assessments of such townships for 
the year in which such borough was incorporated. 

Section 3. Whenever any borough has been erected out of a town- 
ship, or whenever any township has been merged into more than one 
borough, the court of common pleas, upon application, by a bill in 
equity, of any creditor of such townships, or of the authorities of 
any such township or borough, may ascertain the indebtedness of 
such townships, including judgments against the same, at the time 
_ of the incorporation of such boroughs, respectfully, and may equitably 
adjust such indebtedness between such townships and boroughs, and 


_ between the several boroughs into which any township shall have 


been merged, and shall decree the proportion of such indebtedness 


- which each township and borough shall pay. In making such ad- 


justment, the township taxes then unexpended shall be taken into 


~ account. 


23 


Section 4. The adjustment shall be based upon the assessments. 
of the townships for the year in which such boroughs were incor- 
porated. In ascertaining the indebtedness, neither pending actions 
nor claims against such townships, founded on tort, shall be included, 
unless the same, shall, in the meantime, have been prosecuted to final 
judgment. 

Section 5. Three months’ notice shall be given, by order of court, 
_ to all persons having claims against any of such townships, to pre- 
sent the same, on or before the day therein named. All persons, fail- 
ing to present their claims, shall be forever debarred from enforcing 
collection of the same. The notice shall be published in not less 
than two newspapers of the county. 

Section 6. The court may make all needful orders for the collec- 
tion and payment, by the township or borough, of the share of the 
indebtedness apportioned to it, and may order the officers, of the town 
ship or borough, to collect by special taxation, an amount sufficient 
to pay the share either in one year or by annual instalments. 

Section 7. The court may appoint a receiver, to whom the money . 
due from each township and borough shall be paid. The receiver 
shall pay over the amount so received, to creditors of the township, 
in such order or in such proportions as the court shall direct. In 
case of any special taxation in any township or borough, the collector 
of the special tax shall pay the same to the receiver. 

Section 8. Each borough; in any of the cases aforesaid, shall be © 
credited with its proper share of any unappropriated balance in the 
treasury of such townships, at the end of the current year, during © 
which such borough shall have been incorporated, and the court may 
equitably apportion the same. 

Section 9. The cost of the proceedings shall be paid by the sev- 
eral townships and boroughs in such proportions as the court sball 
direct. 


(b) WHEN BOROUGHS ARE RE-ESTABLISHED. 


Section 10. Whenever any borough shall be erected from a city 
of the third class, formed by joining together two or more boroughs 
as provided in chapter two, article three of this act, the court of 
common pleas shall immediately appoint an auditor. 

Section 11. The auditor shall ascertain the indebtedness of such 
city. He shall likewise take into account and include in his report, 
the cost of all the property owned by such city, and purchased at 
the general expense of the same. He shall show in his report how 
much of such indebtedness would be the proportionate share charge- 
able to the territory so set off from such city, after allowance for a 
proportionate credit for the value of the property owned by the 
city prior to the establishment of the borough. 


24 


Section 12. If there is any indebtedness remaining which would 
‘be chargeable to the borough, then the authorities of such borough 
shall issue and deliver to the authorities of the city, interest-bearing 
bonds, in liquidation of the indebtedness, ascertained to be the pro- 
portionate share payable by such borough. 


a) WHEN LIMITS ARE CHANGED AND BOROUGHS DI- 
VIDED. 


Section 13. Whenever proceedings shall be commenced for the 
purpose of changing the limits of any borough as provided in chapter 
three, article one, sections one to nineteen, inclusive; or in the case 


_ of the division of boroughs as provided in chapter two, article four, 


of this act and the same shall have been approved by the grand jury 
to which the application shall have been submitted, in all cases 
where such approval is required, the court, before entering a decree 
confirming the same, shall appoint an auditor. 

Section 14. The court shall, at the time of making the appoint- 
ment direct notice to be given to all parties interested. Such notice 
shall state the time and place of the meeting of the auditor, and the 
time of making his report, and of the hearing thereon. 

Section 15. The auditor shall ascertain the liabilities of the sev- 
eral boroughs and townships affected, the amount and value of the 
property owned by each, the amount and value of the property pass- 
ing to and from each borough and township, and the assessed valua- 
tion of all property liable to taxation for borough or township pur- 
poses, as shown by the last assessment, and within the limits of 
the part annexed to or detached from such borough. He shall re- 
port the same to the court, with the form of a decree adjusting the 
liabilities equitably between such boroughs and townships, respec- 
tively. 

Section 16. The court shall direct the amounts that shall be 
paid by such boroughs and townships, and the time and mode of pay- 
ment, and if necessary, may order a special tax to be levied upon 
the property so annexed to or detached from said borough for the 
payment of the indebtedness awarded against it, and shall direct 
how the same shall be assessed and collected. 


(d) WHEN TERRITORY IS DETACHED. 


Section 17. Whenever under the provisions of chapter three, ar- 
ticle one, sections twenty to twenty-four inclusive, of this act, the 
_ court shall decree the detachment of territory from a borough, the 
- court shall appoint an auditor, who shall give such notice as the 
court shall direct to all parties in interest. 
| Section 18. The auditor shall hear all parties in interest, make 
_ hecessary investigation, and report to the court the total valuation 
_ for taxation purposes of the boroughs and townships affected, the 


25 


- 


assessed valuation of the portion detached, the amount of indebted- 
ness of the several boroughs and townships, and the value of all’ 
property transferred from the borough to a township or borough. 
The auditor shall also report a form of decree, making such adjust-— 
ment of the indebtedness of the boroughs and townships affected 
as he shall deem equitable. 

Section 19. The report and decree shall be confirmed nisi by the 
court and shall become absolute in ten days unless exceptions be filed 
thereto or an appeal be taken by parties in interest. 





CHAPTER V. 





GENERAL POWERS. 





ARTICLE I. 
Section 1. A borough may:— 


I. Have succession perpetually by its corporate name. 
II. Sue and be sued, and compjlain and defend in the courts 
of the Commonwealth. ; 
III. Make and use a common seal, and alter the same a pleasure. 

IV. Purchase, hold and convey such real and personal estate 
as the purposes of the borough shall require, not exceeding the xeery 
yalue of three thousand dollars. 


Section 2. The powers of the borough shall be vested in the cor- 
porate officers. They shall have power:— 


I. To regulate the roads, streets, lanes, alleys, common sewers, 
public squares, common grounds, foot-walks, gutters, culverts, and 
drains, and the heights, grades, widths, slopes, and forms thereof; — 
and to prohibit the erection or construction of any building or other 
obstruction to the convenient use of the same. 

II. To prescribe reasonable fees for the services of their Siien 
in the adjustment of grades, curbs, lines of streets and the like, and 
to enforce the payment of the same. 

III. To provide a supply of water for the use of the inhabicauts 
and to make regulations for the protection of the pipes, reservoirs 
and other constructions or apparatus; and to prevent the waste of 
water so supplied. 


26 


IV. To establish a nightly watch. 


_ V. To provide street lights and to make regulations for the pro- 
tection thereof. 
_ VI. To construct and maintain in any of the highways within the 


borough limits, comfort and waiting stations, and drinking foun- 
tains. The damages accruing to abutting properties by reason of 
any such improvements shall be ascertained and collected in the man- 
ner provided in chapter six, article two of this act. 

VII. To erect watering troughs at an expense not exceeding 
twenty dollars. 

VIII. To prohibit and remove any obstruction or nuisance in 
the highways of the borough. 


_ IX. To prohibit and remove any nuisance on public or private 


grounds, or to require the removal of the same by the owner or oc- 
cupier of such grounds in default of which the borough may cause . 
the same to be done and collect the cost thereof, together with a 
penalty of twenty per cent. of such cost, in the manner provided in 
chapter six, article twelve, sections two and three of this act. 

X. To prohibit the keeping of hogs. within the borough, or within 


-any part of the borough. 


XI. To make regulations respecting vaults, cesspools and drains. 

XII. To make regulations relative to the accumulation of man- 
ure, compost, and the like. 

XIIi. To prohibit accumulations of garbage or rubbish upon 


private Lh eetaege and to prescribe penalties for the enforcement 


thereof. 
XIV. To make regulations for the care and removal of garbage 


_and other refuse material, including the imposition and collection 


of reasonable fees and charges therefor; and to prescribe fines and 
penalties for the violation of such regulations. 

XV. To erect, maintain, and operate garbage plants, or to pro- 
vide other means for the collection, destruction or removal of garbage 
and other refuse material; and to provide for the payment of the 
cost or expense thereof; either in whole or in part, out of the funds 


of the borough. 


XVI. To prohibit within the borough, the carrying on of any 
manufacture, art, trade or buSiness, which may be noxious or offen- 
sive to the inhabitants. 

XVII. To make such other regulations as may be necessary for 


the health and cleanliness of the borough. 


XVIII. To make regulations, within the borough or within such 
limits thereof as may be deemed proper, relative to the cause and 


management of fires. 


XIX. To appropriate money to fire companies or for the purchase 


of fire engines for the use of the borough. 


> 


XX. To prohibit or regulate the erection of wooden structures. 


27 


a 


XXI. To make regulations for the construction of new buildings 
and the repair of old ones; and to require that, before the work 
begins, municipal approval of the plans and specifications therefor, 
be secured; and to provide for the inspection of such construction 
and repair, including the appointment of one or more building in- 
spectors; to prescribe limits wherein none but buildings of incom- 
bustible material and fire-proof roofs shall be erected or substantially 
re-constructed, or removed thereinto; and to provide penalties for 
the violation of such regulations. Any building erected, re-con- 
structed, or removed contrary to the provisions of any ordinance 
passed for any of the purposes specified in this clause, is declared 
to be a public nuisance, and abatable as such. 

XXII. To prohibit the manufacture, sale or exposure of fire 
works or other inflammable or dangerous articles; to prescribe the 
quantities of inflammable articles that may be kept in one place; and 
to prescribe such other safe-guards as may be necessary. | | 

XXIII. To make regulations respecting partition fences and the 
foundations and party-walls of buildings. 

XXIV. To prescribe reasonable fees for the service of their of- 
ficers in the adjustment of party-walls, partition fences, and the like, 
and to enforce the payment of the same. 

XXV. To regulate, license or prohibit theatrical exhibitions, 
amusements and other exhibitions; and in connection therewith to 
impose fines, to be collected by an action of debt, or penalties, to 
be enforced in a summary proceeding. 

XXVI. To regulate markets and peddling and to provide for the - 
inspection of milk. 

XXVII. To regulate annually the scales, weights and measures, 
according to the standard of the Commonwealth; and to regulate the 
inspection and measurement or weight, of articles offered for sale 
in the borough. 

XXVIII. To levy and collect annually a tax on the owners of 
dogs and bitches, not exceeding one dollar on the owner of but one 
dog, or two dollars on the owner of but one bitch, and to levy and 
collect such additional tax on the owners of more than one dog or 
bitch, and in such ratio of increase, as they may deem proper. 

XXIX. To prohibit or regulate the running at large of dogs; and 
in the enforcement of such regulations to direct the killing of dogs 
or their seizure and sale for the benefit of the borough. 

XXX. To prohibit and regulate the running at large of other 
animals and to authorize their seizure and sale for the benefit of 
the borough. , 

XXXI. To impose fines and penalties incurring partial or total 
forfeitures, or to remit the same. 

XXXII. To provide a lock-up for the temporary detention of 
persons. 


28 


XXXIII. To display the flag of Pennsylvania or the flag of any 
county, city, borough, or other municipality in the State, on the pub- 
lie buildings of the borough. 

“XXXIV. To enter into contracts with any street passenger rail- 


- way company, surface, elevated, or underground, or motor power 


null 


company leasing and operating the franchise and property of such 


_ company within the limits of the borough, regulating the franchises, 


powers, duties, and liabilities of such companies and the respective 
rights of the contracting parties. Such contracts may, inter alia, 
provide for payments by the companies to the borough, in lieu of the 
performance of certain duties or the payment of license fees or 


charges, imposed in favor of such borough by the charters of the re- 


Bh all 


spective companies or by any general law or ordinances; for the ap- 
pointment by the borough of a certain number of persons to act as 
directors of such company, in conjunction with the directors elected 
by the stockholders of such company; and may further provide for 
the ultimate acquisition by the borough upon terms mutually satis- 
factory, of the leaseholds, property and franchises of the contract- 
ing companies. | 

‘XXXV. To take by right of eminent domain for the purpose of 
appropriating to themselves, for the use of the National Guard of 
Pennsylvania, such public lands, easements and public property as 
may be in their possession or control and used or held by them for 
any other purpose. Such right, however, shall not be exercised as to 
any street or wharf, but all other public easements and property 
may be appropriated and used for the purposes herein provided, any 
limitation of the use thereof by the borough either by donation, dedi- 
cation, appropriation, statute, or otherwise to the contrary notwith- 
standing. 

XXXVI. To appropriate money or convey land, either independ- 
ently or in conjunction with any county, city, town, borough or other 
municipal division, to the Commonwealth of Pennsylvania, for the 
purpose of assisting the armory board of the Commonwealth of 
Pennsylvania in the erection of armories for the use of the National 
Guard; and to furnish-water, light, or fuel, free of cost to the Com- 
monwealth of Pennsylvania, for use in any armory of the National 
Guard; and to do all things necessary to accomplish the purposes ~ 
of this clause. 

XXXVII. To appropriate money for the expenses of Memorial 
Day services. 

XXXVIII. To appropriate annually to each camp of the United 
Spanish War Veterans, and of the army of the Philippines, and to 


_ each post of the American Veterans of Foreign Service, in the bor- 


ough, a sum not exceeding fifty dollars to aid in defraying the ex- 


_ penses of Memorial Day. 


29 


XXXIX. To make, and they are hereby so required, annual ap- 
propriations, to each post of the grand army of the Republic, in the 
borough, in a sum not exceeding fifty dollars to aid in defraying ex- 
penses of Memorial Day. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE I. 





EMINENT DOMAIN. 


Section 1. Boroughs may enter upon the lands and premises of 
any person, for the purposes authorized by this act. 

Section 2. No borough shall exercise the right of eminent domain 
as against land now occupied by any building which was used dur- 
ing the Colonial or Revolutionary period, as a place of Assembly © 
by the Council of the Colony of Pennsylvania, the Supreme Execu- 
tive Council of the Commonwealth of Pennsylvania or the Congress 
of the United States; or as against the land occupied by any fort, 
redoubt or blockhouse erected during the Colonial or Revolutionary 
period, or any building used as headquarters by the Commander-in- 
chief of the Continental Army; or as against the site of any build- 
ing, fort, redoubt, blockhouse or headquarters which are preserved 
for their historic associations, and not for private profit. The Colo- 
nial and Revolutionary period shall be taken as ended on the third 
day of September, one thousand seven hundred and eighty-three. 

Section 3. Whenever, in any condemnation proceedings, any bor- 
ough has tendered a bond to secure the payment of damages, and the 
same has been accepted, or, if the acceptance has been refused and 
the bond has been filed in and approved by the court, the borough 
shall have the right to immediate possession of the property. 

Section 4. If the owner, lessee or occupier shall refuse to remove 
his personal property or give up possession, the borough may serve 
written. notice upon such owner, lessee or his agent, or the occupier, 
to remove his personal property and give up possession of such prop- 
_erty, within sixty days from the date of the service of such notice. 

Section 5. If the owner, lessee or occupier shall refuse to remove 
his personal property and give possession, upon proof of the service — 


30 


of the notice, specified in section four of this article, a writ of habere 
facias possessionem shall forthwith issue, directing the sheriff to give 
to the borough possession. 

Section 6. Whenever any court of quarter sessions shall order 


‘ any borough to enter security for the payment of damages for the 


taking of land for any street or road, the bond of the borough shall 
be taken without sureties. 

Section 7. In all cases of the appropriation of land for public use, 
other than for roads or streets it shall not be lawful to assess any 
portion of the damage done to or value of ‘the land so appropriated, 
against the other property adjoining or in the vicinity of the land 
so appropriated. 

Section 8. Viewers or juries of view appointed by any court to 
assess damages and benefits, due to the taking, injury or destruction 
of private property in and by the construction or enlargement of any 
public work, highway or improvement, shall make their reports 
within a time which the court shall fix when appointing them. 

Section 9. If any of the viewers, or juries of view, appointed as 
provided in the preceding section, shall, for any reason appearing 
sufficient to the court, be unable to file its report within the period 
so fixed, the court may, either before or after the expiration of the 


_ time fixed, extend the time for the filing of such report. 


Section 10. In any proceeding to ascertain the damages caused 
to any owner of lands, by reason of the appropriation of a right of 
Way or easement by any borough, where the owner and borough can- 
not agree upon the amount of damage done, the parties, may, by 
agreement, waive the right to have such damages assessed and the 


owner may file his claim in the court of common pleas of the county, 
and rule the defendant to plead thereto within fifteen days from the 


service of such rule upon the borough, and the suit shall be proceeded 
with as if an award of viewers had been mee and an appeal had 
been taken therefrom. 

Section 11. Hither party to such an action may on motion, have 
the jury visit and view the premises over or through which the pro- 
posed right of way or easement may extend. 

_ Section 12. In all cases of damages assessed against any borough 
for property taken, injured or destroyed by the construction or en- 


largement of their works, highways or improvements, whether such 


assessment shall have been made by viewers or otherwise, than upon 


trial in court, and an appeal is not provided for, an appeal may be 
taken by either party to the court of common pleas of the county 


- within thirty days from the filing of the report. 


Section 13. Any appeal taken pursuant to the preceding section 


‘shall be signed by the party taking the same or by his agent or at- 


_ torney, and shall be accompanied by an affidavit of the party appell- 


3H 31 


“ 


lant, or of the agent or attorney, that the same is not for the purpose 
of delay, but because the affiant firmly believes that injustice has 
been done. ' 


Section 14. When no appeal is taken in accordance with the pro- | 


visions of sections twelve and thirteen of this article and judgment 
is entered, and the party to whom damages have been awarded, re- 
fuses to accept payment of such award or judgment, then it shall be 
lawful for such borough, upon petition to the court, after notice as 
ordered by court, to pay the amount of the award and costs into 
the court. The court, upon such payment, shall order the satisfac- 
tion of the award or judgment. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE II. 





CONDEMNATION PROCEEDINGS IN COURT OF COMMON 


PLEAS. 


Section 1. In the laying out, opening, widening, extending, va- 
cating, grading or changing the grades or lines of streets, lanes or 
alleys, the construction of bridges and the piers and abutments there- 


for, the construction of slopes, embankments and sewers, the erection | 


and extension of water-works, wharves and docks, public buildings, 


public works and libraries,’ the establishing of parks and play- 
grounds, and the changing of water courses, a borough may enter 
upon, appropriate, injure or destroy private lands, property or ma- 
terial. 


Section 2. In case the compensation for damages or benefits ac- 


cruing therefrom have not been agreed upon, any court of common | 


pleas, or any law judge thereof in vacation on application thereto 
by petition by the borough, or any person interested, shalf appoint 
three viewers from the board of viewers of the county, and appoint 
a time, not less than twenty nor more than thirty days thereafter, 


when the viewers shall meet upon the line of the improvement and — 


view the same and the premises affected thereby. . 
Section 8. The viewers provided for in the preceding section may 

be appointed before or after the entry, appropriation, or injury of 

any property or materials, for constructing such improvements. 


32 ae 


ee ee a ae a ee 


Section 4. The viewers shall give at least ten days notice of the 
time of their first meeting, by publication in one or more newspapers 
of the county. Where the publication is in more than one news- 


paper, one of the newspapers may be in the German language, and 
_ by hand-bills posted upon the premises, or otherwise, as the court 
_ shall direct. ; 


Section 5. The viewers, having been sworn or affirmed faithfully, 
justly and impartially to decide, and a true report to make concern- 
ing all matters to be submitted to them, and in relation to which 
they are authorized to inquire, and having viewed the premises and ~ 


examined the property, shall hear all parties interested and their 


witnesses, and shal] determine the damages for property taken, in- 
-jured or destroyed, and to whom the same is payable; and having 
determined the damages, together with the benefits, they shall pre- 
pare a schedule thereof. 

Section 6. The damages may be paid in whole or in part by the 
borough, or may be assessed in whole or in part upon the property 
benefited. In the latter case, the viewers having first determined 


the damages apart from the benefits, shall assess the total cost of the 


improvement or so much thereof as may be just and reasonable, upon 
the properties peculiarly benefited, including in the assessment all 
parties for which damages have been allowed, and shall report the 
same to the court. The total assessments for benefits shall not ex- 
ceed the total damages awarded or agreed upon. 

Section 7. In proceedings to assess damages and benefits, if the 
property is both benefited and damaged by such improvements, the 


- excess of damages over benefits, or the excess of benefits over dam- 
_ ages, or nothing, in case the benefits and damages are equal, shall be 


awarded to or assessed against the several owners of property af- 
fected thereby. 

Section 8. The preceding section shall not prevent the viewers 
from making a separate report of the damages and benefits, respec- 
tively. In such event, if the damages to the property of any person 
be greater than the benefits, or if the benefits be greater than the 


_ damages, or if the damages and benefits be equal, in either case the 


Pr 


‘ 
~ 


viewers shall strike a balance and carry the difference forward ‘to 


‘another column, so that the assessment shall show what amount 
_ is to be received or paid by the property owner and the difference 


t 


4 


taken from the report of the board of viewers shall be from) such 


only shall be collectible of or paid to such property owner. Appeals 


~ net amount only. 


x 7 
” 


iJ 
~ 


Section 9. The viewers shall give notice to all parties to whom 


damages are allowed, or upon whom assessments for benefits are 
_ made, of a time, not less than ten days thereafter, and of place where 


_ the viewers will meet and exhibit their schedule, and hear all ex- 


ceptions thereto. 


* malig 


- 


Section 10. Such notice shall be given, in the manner provided by 
law for the service of a summons in a personal action, if the parties 
can be found in the borough, or upon an adult person residing upon 
the property affected by the assessment in case the owner or reputed 
owner cannot be found; and to all others by publication in the news- 
paper or newspapers in which the first notices of the view were pub- 
lished, and by posting conspicuously on the premises. Council may, 
by ordinance, provide by whom the notice shall be served and posted, 
and fix the compensation for such service. 

Section 11. After making whatever changes are necessary, the 
viewers shall report to the court, showing the damages and benefits 
allowed and assessed in each case, and file therewith a plan showing 
the improvement, the properties taken, injured or destroyed, and 
properties benefited. 

Section 12. When the report is filed, notice thereof shall imme- 
diately be given by publication once in the newspapers publishing 
the notice provided for in section four of this article. Such notice 
shall state the date of filing of the report, contain a schedule of the 
damages allowed and benefits assessed, and shall state that unless 
exceptions be filed thereto within thirty days from the date of filing, 
the report will be confirmed absolutely. 

Section 13. The cost of the proceedings OME court costs shall 
be paid by the borough. 

Section 14. In all cases where the parties have not agreed upon 
the damages claimed, or where, by reason of the absence or legal 
incapacity of the owner, no such agreement can be made, the bor- 
ough may tender sufficient security to the party entitled to damages, 
or to the attorney or agent of any person absent, or to the agent or 
officer of a corporation, or to the guardian or committee of anyone 
under legal incapacity. 

Section 15. The condition of the security shall be, that the bor- 
ough shall pay or cause to be paid, such amount of damages as the 
party shall be entitled to receive, after the same shall have been 
agreed upon by the parties, or assessed in the manner provided for 
by this article. In case the party claiming damages refuse to ac- 
cept the security tendered, the borough shall give the party or his 
agent, attorney, guardian or committee, a written notice of the time 
when the same will be presented in court. 

Section 16. If approved by the court, the security shall be filed 
for the benefit of those interested and recovery may be had thereon 
for the amount of damages assessed. If the damages be not paid, 
they may be collected by execution on the judgment in the issue 
framed to try the question. Upon the approval of the security, the 
borough may proceed with the improvement. 


Section 17. Within thirty days after the filing of any report, any 
party interested may file exceptions to the same; and the court shall 
confirm, modify or change the same, or change the assessments made 
_ therein, or refer it back to the same or new viewers. 

Section 18. When the report is filed, the prothonotary shall mark 
it, confirmed nisi. In case no exceptions are filed thereto, he shall 
_ enter a decree that the report is confirmed absolutely. 

Section 19. When exceptions are filed, which affect the entire re- 
port, the same shall not be confirmed absolutely as to any part thereof 
until the exceptions have been finally disposed of when the excep- 
tions do not affect the entire report, the court may confirm the as- 

sessments to which exceptions have not been taken. 


Section 20. Within six months after the confirmation of any re- 
port, any party interested, may appeal, from the decree of the court 
below, to the superior or supreme court, as the case may be. 

Section 21. Where any appeal is taken from the action of the 
court confirming any viewers’ report or part thereof, if the appeal 
affects the entire report, it shall have the effect of suspending the 
absolute confirmation thereof, until the appeal is finally disposed of; 
but where the appeal is to matters which do not affect the entire 
report or any other assessment, such appeal shall affect only the par- 
ticular assessment for which the appeal is taken. ; 


Section 22. In order to determine whether any appeal affects the 
entire report or any particular assessment, the appellant shall file 
in the court below, \before or at the time of filing his writ of cer- 
tiorari, a copy of his specifications or assignments of error or grounds 
of appeal. Upon failure so to do, the borough or any party inter- 
ested may, by notice or rule upon the appellant, cause such specifi- 
cations, assignments of error, or grounds of appeal, to be filed. 

Section 23. Upon the request of the borough or any party in- 
terested, the court below or any judge thereof in vacation, shall cer- 
tify whether the appeal affects the entire report, and said 
certificate shall be conclusive. Where the court or judge certifies 
that the appeal will affect the entire report, no further proceedings 
shall be taken in the court below, until after the final action of the 
appellate court; but where the court or judge certifies that the ap- 
peal will affect only a particular assessment, then the confirmation 
of all other assessments shall be final. 


Section 24. If, on any appeal, the action of the court below is 
affirmed, the date of the decree or judgment of the appellate court 
shall be taken as the day on which the report was finally confirmed. 

Section 25. Where any appeal is taken to the supreme court, 
and an appeal is also taken to the superior court, and the appeals 
in both cases are substantially the same, the superior court may 


Ot 35 


7 


certify such appeal to the supreme court, to be heard with the other — 
appeals from the same report. 

Section 26. The supreme court shall consolidate all such appeals 
and hear them as one case. Where several appeals are taken from 
the confirmation of the same report, either to the superior or su- 
preme court and the grounds of appeal are similar, the appellate 
court may consolidate the appeals. 

Section 27. Several parties may unite in a single appeal, either to 
the superior or supreme court, where the grounds of appeal are sim- 
ilar; but the uniting of the appellants shall not unite the amounts, 
or change the jurisdiction. When the appeal, if taken by each ap- 
pellant singly would be to the superior court, then the appeal shall 
be to that court; but if the appeal of any one appellant would be to 
the supreme court, then the joint appeal shall be to that court. If 
an appeal has been taken the supreme court, any other party, 
without regard to the amount involved, if the grounds of appeal are 
similar, may appeal to the same court, and join in such appeal. 

Section 28. Within thirty days after any report of viewers is 
filed in court, any party whose property is taken, injured or de- 
stroyed, or who is assessed benefits, may appeal the court of com- 
mion pleas and demand a trial by jury. 

Section 29. The appeal as provided in the last Cees section 
shall state the grounds upon which it is taken, and shall be signed 
by the appellant or by his agent or attorney; and shall be accom- 
panied by an affidavit that it is not taken for the purpose of de- 
lay, but because the appellant firmly believes that injustice has been 
done. 

Section 30. Upon the trial of any such appeal, in case the party 
appellant does not obtain a verdict more favorable than was the re- 
port of viewers, as finally confirmed, the appellant shall not recover 
any costs. 

Section 31. The court of common pleas shall order what notices 
shall be given in connection with such proceedings and may by rule or 
otherwise prescribe the form of pleadings. After verdict and final 
judgment, either party may appeal to the superior or supreme court. 

Section 32. Should any appeal under this article be made to the 
wrong court, such court shall certify the appeal to the court to which 
it should have been taken. 

Section 33. No appeal taken under this article shall prevent the 
filing of liens by any borough for any assessment made by any such 
report, but, upon the final termination of the issue, the court shall 
make such order, as to the lien filed, as shall appear right and proper. 

Section 34. If any borough shall repeal any ordinance or discon- 
tinue any proceeding, providing for any of the improvements men- 
tioned in this article, prior to the entry upon, taking or injury to 


36 Cs 


any property or materials, and within thirty days after the filing 
of the report of viewers, the borough shall not be liable to pay any 
damages which have been assessed, but all costs upon any such preo- 
ceeding shall be paid by the borough, together with any actual dam- 


- age sustained by reason of such proceeding. 


et 


Section 35. All assessments for benefits, costs and expenses shall 


. bear interest at the expiration of thirty days after they shall have 


been finally ascertained, and shall be payable to the treasurer of the 
borough. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE ITI. 





DAMAGES FOR INJURY TO PROPERTY. 


Section 1. The right to damages against boroughs, is given to 
all owners or tenants of lands, property, or material abutting on, 
or through which pass roads, streets, lanes or alleys, injured by the 
laying out, opening, widening, vacating, extending or grading of such 
roads, streets, lanes or alleys, or the changing of the grades or lines 
thereof; the construction and the vacation of bridges and piers, 
abutments and approaches therefor, and the construction of sewers, 
over, upon, or through such lands or property. 

Section 2. All juries of view appointed for assessing damages 
or benefits for taking, using, occupying or injuring lands, property 
or material, are directed to assess the damages provided for in sec- 
tion one of this article, against boroughs, and the benefits in connec- 
tion therewith, and make a report thereof to the court. 

Section 3. The right of appeal to the court of common pleas, 
the right of trial by jury, and the right to file exceptions are given 
to any party not satisfied with such report. . 

Section 4. After disposal of exceptions, or after verdict and final 
judgment any interested party may appeal to the superior or su- 
preme court as in other cases. 

Section 5. Whenever viewers are appointed to vacate any road, 
street or highway, and the vacation of the same takes no land from 
the owner abutting thereon, if, in the opinion of the viewers such 


_ vacation damages the property of the abutting owner, they may award 


37 


- 


damages to such owner as though land has been actually taken, and - 
such damages shall be ascertained as provided in chapter six, ar- 
ticle two of this act. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE IV. 





OPENING, WIDENING, EXTENDING, STRAIGHTENING AND 
VACATING STREETS. 


(a) WITHOUT PETITION. 


Section 1. Boroughs may survey, lay out, open, widen, straighten, 
extend or vacate streets, lanes, alleys, and courts or parts thereof 
without petition of property owners. No such street, lane, or alley 
shall be open for public use until the damages shall be liquidated. 

Section 2. Ten days notice of the contemplated improvement 
shall be given by the borough, by not less than ten handbills posted 
on the line of the proposed improvement and in such notice shall be 
designated a time and place where objections thereto shall be heard. 

Section 3. Any ordinance authorizing the exercise of any power 
conferred by section one of this article, shall be adopted by the affir- 
mative vote of three-fourths of the whole number of councilmen, 
and shall be approved by the burgess. No such ordinance shall be 
finally adopted until the expiration of thirty days from the date of 
its introduction, and in the meantime copies thereof shall be pub- 
lished in each of the newspapers of the borough, once a week for three 
consecutive weeks immediately following the introduction thereof. 
In case no newspaper shall be published in the borough, then in one 
newspaper published in the county. 

Section 4. No owner or occupier of lands, hnildings or other 
improvements shall erect any buildings or make any improvements 
within the lines of the roads, streets, lanes, alleys, or courts laid out, : 
widened, or straightened or proposed to be laid out, widened, or 
straightened, after notice thereof. If any such erection or improve- 
ment shall be made, no allowance shall be had therefor in the assess- 
ment of damages. 


38 


Section 5.. Viewers shall be appointed, damages awarded, and 
benefits assessed as provided in chapter six, article two, in the case 
of property taken, injured or destroyed. Any costs and expenses 
which cannot be assessed upon property benefited shall be paid by the 
borough. 

Section 6. Any street, lane or alley opened pursuant to this ar- 


- ticle, or by agreement of parties, is a public highway.. 


(b) ON PETITION TO THE COUNCIL. 


Section 7. Boroughs may, upon petition, open, widen, straighten, 
extend or vacate streets and alleys, or parts thereof. 

‘Section 8. The petition shall be signed by a majority in num- 
ber and interest of the owners of property abutting on the line of 
the proposed improvement, as fixed at the time of its presentation, 
and shall be verified by the affidavit of one or more of the petition- 
ers. The majority in interest of owners of undivided interests in 
any piece of property shall be deemed as one person for the purposes 
of the petition. 

Section 9. Any ordinance authorizing the exercise of any power 
conferred by section seven of this article shall be adopted by the 
affirmative vote of three-fourths of the whole number of councilmen, 
and shall be approved by the burgess. No such ordinance shall be 
finally adopted until the expiration of thirty days from the date 
of its introduction, and in the meantime copies thereof shall be pub- 
lished in each of the newspapers of the borough, once a week for three 
consecutive weeks immediately following the introduction thereof, 
and in case no newspaper shall be published in the borough, then in 
one newspaper published in the county. 

Section 10. Upon the approval of any ordinance passed pursuant 
to section seven, of this article, notice shall, within ten days, be 
given, by handbills posted in conspicuous places along the line of the 
proposed improvement. The notice shall state the fact of the pass- 
age of the ordinance and the date thereof, that the petition for the 
improvement was signed by a majority in interest and number of the 
owners of property abutting the line of the proposed improvement, 
and that any person interested, denying the fact that such petition 
was so signed may appeal to the court of common pleas of the 
county within sixty days after the passage thereof. 

Section 11. Any person interested, may within sixty days from 
the passage of the ordinance present a petition to the court of com- 
mon pleas of the county, whereupon the court shall determine whether 
such improvement was petitioned for by the requisite majority. If 


_ said court shall find that it was not so petitioned for, it shall sings 


in 


~ 


sg ordinance, otherwise it shall approve the same. 


39 


Section 12. If no appeal shall be taken or if the court on appeal — 
shall approve the ordinance, the borough may proceed with the im- 
provement. Thereafter all parties interested shall be estopped from 
denying the fact that the petition was signed by the requisite ma- 
jority of the property owners as required by section eight of this ar- 
ticle. 

Section 13. Viewers shall be appointed, damages awarded, and 
benefits assessed as provided-in chapter six, article two of this act, 
in the case of property taken, injured or destroyed. Any costs and 
expenses which cannot be assessed upon property benefited shall be 
paid by the borough. 


(ec) TIME WITHIN WHICH STREETS ARE TO BE OPENED. 


Section 14. Whenever any borough shall pass an ordinance au- 
thorizing the laying out or surveying of any road, street, lane, alley 
or court over private property, the proceedings to open the same 
and to assess the damages arising therefrom, shall be had not later 
than two years from the passage thereof. | 

Section 15. Whenever any street, lane or alley shall be laid out 
by any person, and has not been opened to, or used by the public 
for twenty-one years, such streets, lanes, or alleys shall not thereafter 
be opened without the consent of the owners of the land on which 
the same has been so laid out. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE V. 





VACATION OF ROADS AND STREETS. 
(a) ROADS LAID OUT BY THE COMMONWEALTH. 


Section 1. Boroughs may vacate, in whole or in part, streets, 
lanes and alleys within their limits, laid out by the Commonwealth, 
whenever the same shall have remained unopened for a period of 
thirty years. 

Section 2. In exercising the power provided for in the preceding 
section, the proceedings for the ascertainment of damages and the as- 
sessment of benefits, shall be as provided for in chapter six, article 
two of this act. 

40 


ws 


| 0) LANES AND ALLEYS DECLARED NUISANCES BY 
we BOARD OF HEALTH. 


Section 3. Whenever the board of health of the ana shall de- 
clare as a nuisance, any public alley, lane or passageway, any two 
or more owners of property adjacent or abutting upon the same may 
present their petition, verified by oath or affirmation, to the court of 
‘quarter sessions, setting forth the facts regarding such nuisance, 
and praying that said alley, lane or passage way may be vacated. 
- Such petition shall be accompanied by a certificate of the board of 
a setting forth, that they ere declared such alley, lane or pass- 
ageway to be a public nuisance. 
Section 4. The court shall thereupon appoint a jury of view, of 
three men of the county. The jury, being sworn or affirmed to faith- 
_ fully perform its duties, shall give notice to all parties likely to be 
- affected by the proceedings, of the time and place of the first meeting, 
‘in such manner as the court shall direct. 
Section 5. After the first meeting, the jury shall proceed to view 
_ the premises; hear all parties interested and their witnesses; and 
shall prepare a report of findings and recommendations as to whether 
or not such alley, lane or passageway, or part thereof should be 
vacated, and in such report shall award damages and assess benefits 
to the property affected. 

Section 6. The jury shall give notice, in writing, to all parties 
affected by their report, at least ten days before the same is filed in 
court. The notice shall state the time and place where such report 
will be open to inspection. 

Section 7. Any person aggrieved by such report may file excep- 
tions thereto, with the jury, whereupon the jury shall reconsider 
their report with the exceptions, and change the same as justice may 
require. The report as finally prepared shall be filed in court. 

Section 8. Any person affected by the report shall have an ap- 
peal to the court of common pleas, within thirty days after the re- 
port is filed, and the procedure on such appeal shall be the same 
as in actions of trespass. 

Section 9. At the end of the period allowed for an appeal, the 
report shall be absolutely confirmed by the court, as to such awards 
or assessments from which no appeals have been taken. 

Section 10. No alley, lane or passage way shall be vacated in 
_ amy case, where the vacating deprives any lot abutting thereon of the 
sole means of ingress or egress, otherwise than to or from the front 
line thereof, nor where it was created by grant or contract, and not 
_theretofore accepted by the public. 


a, 
‘a, 
=a 
we 


ty 1% 


CHAPTER VI. ) : 





SPECIAL POWERS. 





ARTICLE VI. 





ROADS PARTLY WITHIN THE BOROUGH. 


Section 1. In opening, widening and straightening roads partly 
within a borough, like proceedings shall be-had as for the laying out 
and opening of public roads. 

Section 2. Every jury appointed to view, lay out, widen or vacate 
any road, or part of a road, in any borough laid out as provided in 
section one of this article, shall have reference to the town plot 
and to the general arrangement, convenience and advantage of the 
borough, and shall set forth the facts fully in their report. 

Section 8. All damages assessed beyond the value of the land 
appropriated to public use shall be paid by the borough, and the jury 
shall separately assess the same. 

Section 4. Petitions for the assessment of damages for the open- 
ing or widening of any road or highway when the damages are not 
assessed by the view opening the road, may be filed in the court of 
quarter sessions within the period of six years from the confirma- 
tion of any report, or the entry of any decree opening such road or 
highway. All claims shall be barred after the expiration of the 
period of six years. 

Section 5. No owner or occupier of lands, buildings or improve- 
ments, shall erect any buildings or make any improvements within 
the lines of the roads laid out, widened or straightened, or proposed 
to be laid out, widened or straightened after notice thereof; and if 
any such erection or improvement shall be made, no allowance shall 
be had therefor in the assessment of damages. 
~ Section 6. Whenever the authorities of any borough deem it ad- 
visable to construct or change. any part of any public road under 
their supervision, and can agree with the property owners affected as 
to the damages, upon the payment of the damages agreed upon, the 
borough may change or alter such public road without the formality 
of a view. 

Section 7. Before any change is made in any such road, a petition, 
setting forth the facts, accompanied by a map, shall be presented to 
the court of quarter sessions; and if approved by the court, the new 
location shall be taken to be the public road and the old location 
shall be deemed vacated. 


OO 


42 


Section 8. The authority conferred in section six of this article, 
shall not extend to any change, the costs and expenses of which, in- 
cluding damages, shall exceed three hundred dollars. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE VII. 





STREET IMPROVEMENT. 


(a) GRADING STREBTS AND ASSESSMENT OF DAMAGES. 


Section 1. Boroughs may lay out, establish or change the grades 
of streets, roads, lanes and alleys, or parts thereof. 

Section 2. At least ten days’ notice shall be given by not less than 
ten handbills posted on the line of the proposed improvement, of 
any proposition, to establish or change the grades of streets, roads, 
lanes or alleys, and in such notice, a time and place shall be desig- 
nated where objections thereto shall be heard. 

Section 3. Whenever any street, road, lane or alley, is graded or 
changed in grade, pursuant to this article, and private property is 
damaged thereby, the damages may be awarded and benefits, costs 
and expenses, where the costs and expenses are not assessed accord- 
ing to the foot front rule, may be assessed as provided in chapter six, 
article two of this act, in the case of property taken, injured or 
destroyed. 


(b) GRADING, CURBING, PAVING, MACADAMIZING STREETS 
ON PETITION, AND ASSESSMENT ACCORDING TO BENE- 
FITS. 


Section 4. Upon the petition of a majority of property owners in 
interest and number, abutting on the line of any proposed improve- 
“ment, to be verified by the affidavit of at least one of the petition- 
ers, a majority in interest of owners of undivided interests in any 
piece of property to be treated as one person, a borough may grade, 
curb, pave or macadamize, or otherwise improve any street or alley 
or part thereof; or which may be,.in whole or in part, boundaries 
_ thereof. 


= 


43 


- 


Section 5. The majority in interest and number required for such 
petitions, shall be fixed, as of the date of such petition. After the 
passage of any ordinance for the grading, curbing, paving or mac- 
adamizing, or otherwise improving any street or alley, notice shall 
be given, within ten days thereafter, by handbills posted in conspicu- 
ous places along the line of the proposed improvement. 

Section 6. The notice shall state the fact and the date of the 
passage of such ordinance, that the petition for the improvement 
was signed by a majority in interest and number of owners of prop- 
erty abutting on the line of the proposed improvement, and that any 
person interested, denying the fact that said petition was so signed, 
may appeal to the court of common pleas of the county, within sixty 
days from the passage of the ordinance. 

Section 7. Any person interested may, within sixty days from 
the passage of such ordinance, present a petition to the court of com- 
mon pleas of the county, setting forth the facts, whereupon the court 
shall determine whether such improvement was petitioned for by 
the requisite majority. If the court shall find that it was not so pe- 
titioned for, it shall quash the ordinance, but if it shall find that it 
was so petitioned for, it shall approve the same. If no appeal shall 
be taken, or if the court on appeal shall approve the ordinance, the 
borough may proceed with the improvement, and thereafter all par- 
ties shall be estopped from denying the fact that such petition was 
properly signed. 

Section 8. On petition, viewers shall be appointed, as provided 
in chapter six, article two of this act, who shall assess the damages, 
costs and expenses of such grading, curbing, paving or macadamiz- 
ing, or improving, upon the property benefited according to benefits, 
if sufficient can be found, but if not, the deficiency when ascertained, 
shall be paid by the borough. The proceedings of the viewers, and 
the proceedings on their report shall be as provided in chapter six, 
article two of this act. 


(c) GRADING, CURBING, PAVING OR MACADAMIZING 
STREETS AND COLLECTION OF COST BY FOOT-FRONT 
RULE. 


Section 9. Boroughs, without petition, or upon petition verified 
by affidavit of at least one of the petitioners, may grade, curb, pave 
or macadamize streets or parts thereof, and collect from the owners 
of real estate abutting on the improvement by an equal assessment 
on the foot-front, the whole cost or part thereof as aes: that = 
to say: 


I. If the petition be for curbing, paving or macadamizing, and 
is signed by petitioners representing two-thirds in the number of feet 
of properties abutting on the proposed improvement, and the real 


44 


2 


estate on both sides of the street is assessable, then two-thirds of 
the cost may be collected. 

‘If. If the petition be for curbing, paving or macadamizing, and 
_ is signed by petitioners representing two-thirds in the number of feet 
of property abutting on the proposed improvement, and the real es- 


_ tate on one side only of the street is assessable, then one-half of 


- the cost may be collected. 

III. If the petition be for grading, curbing, paving or macadamiz- 
ing, and is signed by petitioners representing four-fifths in the number 
of feet of property abutting on the proposed improvement, then the 
whole cost may be collected. 7 

IV. If the petition be for grading only, and is signed by a ma- 
jority in number and interest of the owners of property abutting the 
line of the proposed improvement, a majority of owners of undivided 
interest in any one piece of property to be deemed as one person, 
then the whole cost or any part thereof may be collected; and the 
council in making the assessment may provide for an equitable reduc- 
tion, not exceeding one-third, from the frontage of all lots at street 
_or other intersections, where for any equitable cause an assessment 
for the full frontage would be unjust. 

VY. If any street is graded, curbed, paved or macadamized with- 
out a petition, as provided in this section, then two- thirds of the cost 
may be collected. 


Section 10. Whenever an ordinance is passed for any’ of the pur- 
poses authorized by the preceding section, pursuant to a petition 
therefor, ten days’ notice shall be given by hand-bills posted in con- 
spicuous places along the line of the proposed improvement. The 
notice shall state the fact and date of the passage of the ordinance, 
that the petition for the improvement was signed by a majority of 
free-holders in interest and number, or by the owners of property 
representing two-thirds or four-fifths in the number of feet abutting 
the line of the proposed improvement, as the case may be, and shall 
further state that any person interested, denying that the petition 
was so signed, may appeal to the court of common pleas of the 
county within sixty days from the passage of the ordinance. 

Section 11. Any person interested may within sixty days from the 
passage of the ordinance present a petition to the court of common 
pleas of the county, whereupon the court shall determine whether 
said improvement was petitioned for by the requisite majority, two- 
thirds or four-fifths as the case may be. If the court shall find that 
it was not so petitioned for, it shall quash the ordinance, otherwise 
‘it shall approve the same. 

Section 12. If no such appeal shall in taken or if the court on 
the appeal shall approve the ordinance, the borough may proceed 
with the improvement and thereafter all parties interested shall be 
estopped from denying the fact that the petition was properly signed. 


5) 


Section 13. Whenever any improvement is proposed to be made 
without a petition, as provided in section nine of this article, the or- 
dinance authorizing and directing the improvement shall be adopted 
by the affirmative vote of two-thirds of the whole number of council. 
If the burgess approve such ordinance he shall sign it, but if he shall 
not so approve he shall return it with his objections to the council 
at the next regular meeting thereof when said objections shall be en- 
tered upon the minutes. 

At the regular meeting next succeeding the return of such ordi- 
nance, the council shall proceed to a reconsideration thereof, and if 
all the members shall vote to pass such ordinance, it shall then 
_ become of as full force as if it had been approved by the burgess, but 
in such case the vote shall be determined by yeas and nays and the 
names and votes of the members shall be entered on the minutes. If 
such ordinance shall not be returned by the burgess at the regular 
meeting next succeeding its presentation to him, it shall likewise 
have as full force as if it had been approved. 

Section 14. Whenever any improvement is proposed to be made 
without a petition as provided in section nine of this article, the 
ordinance authorizing such improvement shall not be adopted until 
thirty days from the date of its introduction, and in the meantime 
copies thereof shall be published in a newspaper circulating in the 
borough once a week for two weeks, and five copies thereof shall be 
posted in conspicuous places, along the proposed improvement, ten 
days before its final passage. 

Section 15. All-assessments made pursuant to section nine of 
this article shall be estimated by the council or such person as it 
shall designate and shall be filed with the secretary of the borough. © 

Section 16. The secretary of the borough shall cause thirty days’ 
notice of the assessment to be given to each party assessed, either 
by service on the owner or his agent or left on the assessed premises. 

Section 17. If any assessment shall remain unpaid at the expira- 
tion of the notice, it shall be the duty of the borough solicitor to 
collect the same, with interest from the time of completion of the 
improvement, by a lien; to be filed and collected in the same manner 
as municipal claims. When an owner has two or more lots against 
which there is an assessment for the same improvement, all of such 
lots shall be embraced in one claim. 


(d) GRADING, PAVING, CURBING, MACADAMIZING CON- 
NECTING STREETS. pee S 

Section 18. Boroughs without petition of property owners, any 

grade, curb, pave or macadamize or otherwise improve public streets, 

or parts thereof, when such streets or parts do not exceed one thou- 

sand feet in length and connect two streets or parts of a street there- 
tofore improved. lo ae Berea 


46 


Section 19. The ordinance authorizing such improvement shall 

be adopted by a vote of three-fourths of the members of council, and 
shall be approved by the burgess. 
- Section 20. No such ordinance shall be finally adopted in less 
than thirty days from the date of its introduction, and copies of 
such proposed ordinance shall be published in a newspaper, circulat- 
ing in such borough, once a week for two weeks, and by at least five 
handbills posted along the line of the proposed improvement, ten- 
days before the final passage of such ordinance. 

Section 21. In exercising such power, all proceedings for the as- 
certainment of damages and the assessment of benefits and expenses 
incident thereto, shall be as provided in chapter six, article two of 
this act. 


(e) GRADING, CURBING, PAVING, MACADAMIZING BOUND- 
ARY STREETS AND STREETS OUTSIDE LIMITS. 


1. By agreement with first class townships. 


Section 22. Boroughs may enter into agreements with adjoining 
townships of the first class, for the grading, curbing, paving or 
macadamizing of streets and alleys, which may be boundaries be- 
tween such boroughs and townships, and may provide in such con- 
tract that the damages, costs and expenses of such improvement shall 
be divided between such boroughs and townships in the proportion 
agreed upon. . 

Section 23. In grading, curbing, paving or macadamizing such 
streets or alleys, boroughs shall exercise such power only upon peti- 
tion of a majority of the property owners in interest and number 
abutting the line of the proposed improvement, within the borough 
limits, to be verified by the affidavit of at least one of the petition- 
ers, 4 majority in interest of owners of undivided interests in any 
piece of property, to be treated as one person, asking that such 
improvement be made. | 

Section 24. The portion of the damages, costs and expenses agreed 
to be paid by the borough shall be ascertained, and the benefits inci- 
dent thereto shall be assessed and collected, in the manner provided 
in chapter six, article two of this act; but the borough may agree to 
pay any part of the costs, damages and expenses of such improve- 
ments out of the general funds. 


2. By agreement with counties and townships. 


Section 25. Whenever the center line of any highway constitutes 
the dividing line between any borough and a township located in the 
“same county, and the borough shall enter into a contract with the 
commissioners of the county, and the commissioners or road super- 
‘visors of the township, to grade, curb, pave or macadamize such high- 


4H AT 


=~ 


way, in accordance with the provisions of the act of the twentieth 
day of May, one thousand nine hundred and thirteen, page 
two hundred and sixty-seven, entitled “An act providing a method 
whereby highways, the center line of which constitutes a dividing line 
between a city or borough and a township in the same county, may 
be altered or improved and the cost thereof apportioned,” such alter- 
ation or improvement shall be constructed and subsequent repairs 
shall be made under the supervision of the authorities of the borough 
and in compliance with the plans to be agreed upon, in writing, 
between such borough and the commissioners of the county and 
the commissioners or road supervisors of the township. One-half of 
the cost of such repairs shall be borne by the borough. 


3. Streets outside limits. 


Section 26. Boroughs may, singly or jointly with boroughs, cit- 
ies or counties, appropriate and expend moneys for the improvement 
of highways outside of the limits of such boroughs, for the purpose 
of connecting improved streets in such boroughs with state or state- 
aid highways. No such highway shall be improved which shall be 
more than one mile in length. 


(f) MAINTENANCE AND IMPROVEMENT OF CONDEMNED 
AND ABANDONED TURNPIKES. — 


Section 27. When any turnpike, or part thereof, situate in the 
Same or more than one county, shall be condemned for public use, 
free of tolls, and the assessment of damages therefor shall have been 
paid by the county; or when any turnpike company or association 
has abandoned its turnpike, or any part thereof; or when any turn- 
pike company or association has been dissolved, such turnpike, or 
part thereof, located within the limits of any borough, shall be main- 
tained and improved at the expense of the borough. 


(g) MAINTENANCE AND IMPROVEMENT OF STREETS CON- 
NECTING COUNTY ROADS. 


Section 28. Whenever any county shall improve any road located - 


within any borough, under the provisions of an act, approved the 
thirteenth day of May, one thousand nine hundred and nine, 
page five hundred and twenty-seven. entitled, “An act amending 
an act approved the twenty-second day of April, Anno Domini nine- 
teen hundred and five, entitled ‘An act to amend an act, entitled “An 
-act providing for the permanent improvement of certain public roads 
or highways in the several counties of this Commonwealth, making 
such improved roads and highways county roads; authorizing the re- 
location, opening, straightening, widening, extension, and alteration 
of the same, and the vacation of so much of any such road as may 


48 


oY. 
ont nate le 





ie el 


thereby Wecchive necessary ; authorizing the taking of property for 


such improvement, and providing for the compensation therefor and 


e damage resulting from such taking; providing for the payment of 
the costs and expenses incurred in making such improvements, and 
in thereafter repairing and maintaining said road, and authorizing 


the levy of a tax to provide a fund for such purposes,” approved June 
twenty-sixth, one thousand eight hundred and ninety-five; providing 


that public roads and highways may be constructed, improved, and 
maintained by the several counties of the Commonwealth as county 
roads, whether existing by other authority or laid out in whole or in 
part by virtue of this act; and providing that public roads and high- 
ways may be originally located, laid out, and established for the pur- 
pose of such construction, improvement and maintenance by the 
several counties, in the manner and by the procedure set out in the 
amended act, and subject to other provisions thereof; providing for 
the laying out of a system of main thoroughfares, to which the es- 
tablishing, construction, improvement and maintenance of public 
roads by the counties shall be restricted after January one, one thou- 
sand nine hundred and seven; but providing for such establishing, 
construction, improvement and maintenance of roads not part of said 


‘system, upon parties interested paying not less than one-fourth of the 


original cost of construction; and providing that the county com- 
missioners of any county may provide rules regulating the use of 
roads constructed and maintained by the counties; and prescribing 
the penalties for the violation thereof, and providing that public 
roads and highways located, established, constructed and improved 
by the several counties, in the manner and by the procedure set out 
in the said acts, shall thereafter be township or borough roads, and 
be maintained and improved by the proper township or borough,” 


_ such road shall, by ordinance enacted by the borough council, become 


a borough road, and the duty of maintaining the same in repair shall 
devolve upon the borough in which such road lies. 

Section 29. Whenever any road is improved by a county, in ac- 
cordance with the provisions of an act, approved the eleventh day 
of May, one thousand nine hundred and eleven, page two 
hundred and forty-four, entitled “An Act providing for the original 
location, laying out and construction of public roads or highways in 
the several counties of this Commonwealth, and for the permanent 
improvement of certain public roads or highways therein; making 


such originally constructed or improved roads and highways county 


roads; authorizing the relocation, opening, straightening, widening, 
extension and alteration of the same, and the vacation of so much 
of any road as may thereby become unnecessary; providing that the 
county commissioners of any county may prescribe rules regulating 


49 


the use of roads constructed or maintained by the various counties, 
and prescribing penalties for the violation thereof; providing for the 
taking of property for such improvement, the compensation to be 
paid therefor, and the payment of damages resulting from such tak- 
ing, and the manner in which such damages may be determined; pro- 
viding for the payment of the costs and expenses of such construc- 
tion or improvement and in thereafter repairing and maintaining 
said roads; authorizing the levy of a tax or the issuing of bonds 
to provide a fund for the expense thereof; prescribing a method for 
improving a county road lying within or traversing a borough, and 
apportioning the cost of such improvement; and authorizing the va- 
cation of any county road,” and its amendments, and when a bor- 
ough intervenes between two ends of such county highway and the 
borough has failed to improve the street or streets constituting the 
shortest and most reasonable route through the borough, which will 
connect the two ends of such highway, the councils of the borough 
may, by ordinance, contract with the county commissioners, that the 
shortest and most reasonable route through such borough be im- 
proved; or, when an improved county highway terminates at the 
limits of a borough in the same or another county, and connects with 
a borough street which the borough has failed to improve, and the 
county commissioners deem the improvement of such borough street 
necessary, in order to make such highway accessible to the travelling 
public, the councils of the borough may, by ordinance, contract 
with the county commissioners for the improvement of such street. 

Section 30. Whenever an improvement is made to a borough 
street, pursuant to the preceding section, the cost of such improve- 
ment may be divided between the borough and the county. The bor- 
ough ordinance, authorizing the improvement, shall stipulate what 
percentage of the cost, if any, the borough and county shall pay. The 
contract for such improvement may be taken by the borough, upon 
the stipulation of the county to pay its proportionate share of the 
cost, or the improvement may be made by joint contract with the 
county. 

Section 31. Before any highway is improved under sections twenty- 
nine and thirty of this artcle, the borough shall agree with the 
county commissioners for the maintenance of such highway. Such 
agreement may provide that such highway shall be kept and main- 
tained in repair by the borough, or by the county, and in the latter 
case the cost thereof shall be paid by the borough to the county. 


(h) ASSESSMENTS ON PROPERTY OUTSIDE LIMITS. 


Section 32. Whenever any street or alley, entirely within the 
limits of any borough, shall divide such borough from any other 
municipality or township, located in the same county, the property 


BO 


on the side of the street or alley opposite the line of the borough shall, 
for a depth of one hundred and fifty feet, be assessed for municipal 
improvements on such streets or alleys, on which such property shall 
pent, in the manner provided by chapter six, article two of this act. 


(i) EXPENDITURES FOR PAVING, CURBING, MACADAMIZ- 
ING STREETS. 


Section 33. The authorities of any borough, in addition to the 
methods of paying for improvements prescribed in this article, may 
expend not exceeding one-half of the annual appropriation for roads 
and streets in curbing and paving or macadamizing any street, lane 
or alley, or part thereof. 





CHAPTER VI. 





SPEVIAL POWERS. 





ARTICLE VIII. 





COLLECTION BY INSTALMENT OF COST OF GRADING AND 
IMPROVING STREETS. 


Section 1. When any borough shall authorize the grading, sub- 
grading, or the permanent paving and improvement of any streets 
or alleys, or parts thereof, and the entire cost, or any part thereof, 
shall be assessed against the properties abutting on such improve- 
ment, whether by the foot front rule or according to benefits, the 
council may provide in the ordinance, that the assessment may be 
paid in semi-annual or annual instalments. Such instalments shall 
bear interest at a rate not exceeding six per centum, from the date 
of the commencement of the work or the construction of such im- 
provement. 

‘Section 2. In order to oeavide for the payment of the cost and 
expense of such improvement, the council of such borough may from 
time to time, issue bonds in such sums as may be required, in all 
to an amount not exceeding the amount of assessments. The bonds 
shall bear the name of the street or alley to be improved, and shall 
rest alone for their security and payment upon such assessments; 
and shall be payable at periods not exceeding five years from the 
date of their issue, to be provided in the ordinance directing the im- 
provement. 


51 


- 


Section 3. The bonds shall bear interest at a rate not exceeding 
six per centum per annum, payable semi-annually or an- 
nually, as the ordinance shall direct; and shall be negotiated 
~ at not less than par, and the proceeds thereof applied solely to the 
payment of such improvement. In case the bonds are not negotiated 
by the council, they may be delivered to the contractor in payment 
of the work, but when so delivered must be at not less than par. 

Section 4. Liens to secure the assessments shall be entered in 
the prothonotary’s office of the county, in the same form and col- 
lected in the same manner as municipal claims are filed and col- 
lected. 

Section 5. Such assessments shall be payable at the office of the 
borough treasurer, or such other place as the ordinance shall pro- 
vide, in semi-annual or annual instalments, with interest at the rate 
provided from the date from which interest is computed on the 

amount of the assessments. The moneys so received by the borough 

shall be applied to the payment of such bonds exclusively. 
- Section 6. In case of default in the payment of any instalment 
and interest for a period of sixty days after the same shall become 
due, the entire assessment and accrued interest shall become due; 
and the borough solicitor shall proceed to collect the same under the 
general laws relating to the collection of municipal claims. 

Section 7. Any owner of property, against whom any such assess- 
ment has been made, may pay the same in full, at any time with in- 
terest thereon to the next semi-annual or annual payment, and such 
payment shall discharge the lien. If any owner shall sub-divide any 
property after the lien attaches, he may, in like manner, discharge 
the same upon any sub-divided portion thereof by paying the amount 
for which such part would be liable. 

Section 8. Whenever any borough shall issue bonds, pursuant to 
this article, the secretary of the borough council shall keep a regis- 
try book, in which the bonds shall be registered. Such registry shall 
show the date of the issue of the bond, the amount of the bond and 
the name and address of the person, firm or corporation to whom 
the same was issued, which shall also be noted on the back of such 
bond. 

Section 9. The bonds may be transferred at any time, and the sec- 
retary shall make the proper entry of any such transfers in the reg- 
istry book and on such bonds, and shall file all assignments among 
the records of the borough. Payment of such bonds and interest 
thereon shall be made only to the last registered owner. 


52 


CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE IX. 





STREETS AND HIGHWAYS CROSSING RAILROADS, 


Section 1. Every borough constructing a highway across a rail- 
road, shall construct the same above or below the grade thereof, un- 
less permitted in the manner provided in this article, to construct 
the same at grade, and the cost of the work shall be paid one-half 
by the borough and one-half by the railroad company. 

Section 2. Whenever any borough, constructing a new highway 
shall decide to cross a railroad at grade, a petition shall be pre- 
sented by the borough to, the court of common pleas of the county, 
within which such crossing is situate, upon ten days’ notice to the 
railroad. The petition shall describe the proposed construction, and 
set forth the reasons which are supposed to make the same neces- 
sary. 

Section 3. The court of common pleas, upon such notice as it 
shall deem sufficient, shall examine the matter, either by evidence, 
by reference to a master or commissioner or otherwise, and if sat- 
isfied that such construction is reasonably required to accommodate 
the public, or to avoid excessive expense in view of the small amount 
of traffic on the highway or railroad, or in view of the difficulties 
in construction, it shall make an order permitting such crossing at 
grade, prescribe what gates, signals or other safeguards shall be 
maintained by the railroad company, in addition to the signals and 
safeguards prescribed by statute. 

Section 4. All costs and expenses of the proceedings shall be ascer- 
tained and allowed by the court of common pleas, and shall be paid 
by such party as it shall decide, or be apportioned between the par- 
ties and may be collected by execution. 

Section 5. Any borough may, at its own cost, vacate and alter 
any railroad grade crossing of a highway, by passing the highway 
over or under the grade of the railroad; but no highway which has 
been constructed at grade by permission of the court of common 
pleas, shall be vacated or altered without like permission, unless by 
agreement with the railroad company. 

Section 6. Such alteration shall not, without the consent of the 
railroad company create a steeper gradient of such railroad than 
the established gradient in the same direction. 


53 


- 


Section 7. The borough shall give thirty days’ notice to the rail- 
road company of any such proposed vacation or alteration, with 
plans and details thereof. 

Section 8. If the highway is to be carried under the railroad, the 
railroad company shall support the railroad tracks during the pro- 
gress of the work, and in case of failure so to do, the borough may 
enter upon the railroad and provide for such support. 

Section 9. If any additional lands are necessary for such vacation 
or alteration of highways, or the locations of any highways, such 
lands may be purchased or taken by condemnation, and the cost of 
the same shall become a part of the cost of the alterations. The 
railroad companies interested in the improvements shall have notice 
of such condemnation proceedings and the right to be heard therein, 
and no purchase shall be made without the approval of the railroad 
company. 

Section 10. In case the parties interested cannot agree upon the 
damages sustained by any person, the same shall be determined by a 
jury of view as provided in chapter six, article two of this act, upon 
petition brought by any party claiming to be damaged. The peti- 
tion shall be filed within one year after the decree of the court as 
provided in section five of this article. 

Section 11. Wherever any railroad is crossed at chile by a street 
or highway, and the railroad company shall have constructed, or 
there shall have been constructed by others with such company’s 
consent, a subway or an overgrade crossing, sufficiently near 
such crossing to reasonably accommodate the travelling pub- 
lic, the court of quarter sessions of the county, upon petition of 
any person, may, if satisfied that such subway or overgrade cross- 
ing reasonably accommodates the travelling public, after notice to 
any corporation occupying such street with tracks, wires, pipes or 
conduits, and after testimony, the court may order that the street 
or highway where it crosses the railroad at grade and its approaches 
on both sides, shall be vacated. 

Section 12. Thereafter the subway or the overgrade crossing and 
its approaches on both sides shall be substituted therefor, and shall 
be a public highway, and be maintained by the proper authorities; 
and any company which had rights upon the street or highway va- 
cated, shall have the same rights upon such subway and overgrade 
crossing so opened, and may connect the same with its system with- 
out obtaining further consent. 


CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE X. 





PLANS AND LOCATION OF STREETS. 


(a) PLANS OF STREETS. 


Section 1. Every borough shall have a general plan of its streets 
and alleys, including those which have been laid out, but not opened. . 

Section 2. The plan shall be filed in the office of the engineer 
or other proper office of the borough, and all subdivisions of prop- 
erty thereafter made shall conform thereto. 

Section 3. The location of streets or alleys, laid out by council, 
shall not afterwards be altered without the consent of council; and 
no map or plot of streets or alleys, shall be entered in any public 
office of the county until approved by council. 


(b) LOCATION OF STREETS. 


Section 4. Boroughs may, by ordinance, locate streets and alleys, 
and include therein streets and alleys theretofore opened or used for 
highway purposes; and may locate streets or alleys theretofore 
opened or used for highway purposes, of a greater width; and may 
revise the lines of such streets or alleys in accordance therewith, and 
place the same on the general plan of such borough. All subdivisions 
of property thereafter made shall conform thereto. 

Section 5. No such location shall authorize the entry upon or ap- 
propriation of any property, within such located street or alley, not 
theretofore opened or used for highway purposes; nor shall the same 
interfere in any way with the rights of the owners to the full use 
of such property. 

Section 6. No person shall recover any damages for the taking, 
for public use, of any buildings or improvements constructed within 
the lines of any located street or alley, after the same shall have 
been so located; and any such building or improvement shall be re- 
moved at the expense of the owner. 


CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XI. 





SIDEWALKS. 





(a) GRADING, PAVING, REPAIRING SIDEWALKS, CURBS 
AND GUTTERS. 


Section 1. Boroughs may ordain and lay out sidewalks, curbs, 
gutters and drains on the streets of the borough. 

Section 2. Boroughs. may ordain and lay out sidewalks, gutters 
and drains upon the beds of turnpike roads, or state highways, with 
the consent of companies controlling such turnpikes, or the state 
highway commissioner. 

Section 3. Boroughs may ordain and lay out sidewalks, gutters 
and drains upon land abutting the sides of state highways, and upon 
land abutting the sides of public roads, where such roads are out- 
side the borough limits, and the land upon which such sidewalks are 
to be laid out, if within the borough limits. 

Section 4. Boroughs shall fix the width of all sidewalks and may 
require the grading, paving and repairing of sidewalks, and the con- 
structing and repairing of curbs and gutters, at the edge of side- 
walks, by the owners of lots fronting thereon. 

Section 5. The borough may pay a portion of the cost and expense 
of grading and curbing sidewalks. 

Section 6. Upon the neglect of any owner of lots to comply with 
the requirements as provided in the preceding sections of this article, 
the borough may, after notice, cause the grading, paving, repairing, 
curbing and guttering to be done at the cost of such owner, and may 
collect the cost thereof and ten per centum additional, together with 
all charges and expenses, from such owner, and may file a municipal 
claim therefor or collect the same by action in assumpsit. 

Section 7. All such notices shall be served upon the owner of the 
premises to which the notice refers, if such owner be a resident of 
the borough. If the owner is not a resident, then the notice may be 
served upon the agent or tenant of the owner, or upon the occupant 
of such premises. If the owner have no agent or tenant, or there 
be no occupier of such premises, then service shall be by printed or | 
written notice posted upon the premises. 


56 


(b) LAYING OUT SIDEWALKS, GUTTERS AND DRAINS 
| ALONG THE SIDES OF TURNPIKE ROADS. 


- Section 8. Boroughs may ordain and lay out sidewalks, gutters 
_ and drains upon land abutting the sides of turnpike roads, and may 
fix the width thereof. 
% Section 9. Whenever any borough shall open, lay out and ordain ~ 
3 sidewalks, gutters and drains upon lands abutting along the sides 
of turnpike roads, the borough may apply, by petition, to the court 
of common pleas, setting forth the facts, and describing the locality 
of such sidewalks, gutters and drains, and praying the court to ap- 
_ point three viewers from the county board of viewers. 

Section 10. The viewers shall view the premises described 
in the petition, and having regard to the advantages and disadvan- 
tages caused to the property along the line of such improvement, 
shall allow to all persons injured thereby, such damages as they 
shall have sustained over and above all advantages, and shall make 
all assessments for contribution upon such properties as shall be bene- 
fited. 

‘Section 11. The viewers shall report to the next session of 
the court, describing the properties upon which assessments have 

been made, specifically stating whether for contribution or for dam- 
ages, with the amounts respectively, and the court may at any sub- 
sequent session on the hearing of such parties as choose to contest 
the same, modify and confirm the report, which confirmation shall 
be final. The borough may collect such assessments for contribution 
by municipal claim or by action of assumpsit. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XII. 





SEWERS. 





(a) POWER TO LAY OUT AND ASSESS ACCORDING TO 
BENEFITS. 
- Section 1. Boroughs may lay out and ordain such common sew- 
ers and drains, as may be necessary, in any street or alley, or 
_ through or over private property. 
57 


; 
- 


Section 2. On petition viewers shall be appointed as provided in 
chapter six, article two of this act, who shall assess the damages, 
costs and expenses of the sewer upon the property benefited accord- — 
ing to benefits, if sufficient can be found, but if not, then the - 
deficiency, when finally ascertained, shall be paid by the borough. The 
proceedings of the viewers, and the proceedings on their report, shall 
be as provided in chapter six, article two of this act. 


(b) SEWER SYSTEMS AND ASSESSMENT ACCORDING TO 
FOOT FRONT RULE. : 


Section 3. Any borough may, by ordinance, adopt and construct 
such system of sewers, as may be necessary, for the disposal of sew- 
age matter. 3 

Section 4. The borough shall fix the places along the streets, al- 
leys and courts where such sewer-mains or drains, and branches 
thereof shall be laid down, and shall prescribe the manner in which 
they shall be constructed. a 

Section 5. No contract for the construction of any such sewer sys- 
tems shall be entered into, until a permit for the construction of the 
same shall have been obtained from the commissioner of health. 

Section 6. Whenever any borough shall determine to construct 
any sewer as provided in section three of this article, it shall, by 
ordinance, assess the cost thereof as a sewage tax upon the property 
adjoining or adjacent to the same, either by the foot front rule or in 
such other manner as to the burgess and town council may seem 
equitable, which assessment duly certified under the seal of the bor- 
ough, attested by the burgess or the president of council and secre- 
tary, shall be collectible from the owner of such property. | 

Section 7. Such certificate of assessment shall be prima facie evi- 
dence, in any suit for the recovery of the same, of the correctness and 
validity of such assessment. 

Section 8. If the owners of property against which assessment for 
sewage tax have been made, shall refuse to pay such assessments 
within sixty days after notice of the same, the borough may immedi- 
ately file a claim therefor against the property upon which such as- 
sessments have been made. Such claims shall be filed and collected in 
the same manner as municipal claims are filed and collected. 

Section 9. The borough may enforce by penalties, such regula- 
tions as it may ordain with reference to the use and maintenance 
of such sewage system. 

Section 10. The borough may extend the necessary sewer-mains 
and outlets beyond the limits of such borough, to a point, where 
such sewage is to be disposed; and shall have power to enter upon 
and condemn such lands, property and materials for the construc- 
tion of all such sewer-mains, outlets and works, as may be necessary 
for the disposal of such sewage. 


58 


_ Section 11. No ordinance for any such construction beyond the 
limits of the borough, or any works connected therewith, shall be 
adopted until notice thereof has been given, by publication of the 
proposed ordinance, for at least four weeks in one newspaper pub- 
lished in the borough or county, and also by serving copies of such 
proposed ordinance, upon all land owners through whose land such 
sewer is to pass, at least ten days before final action thereon. 
Section 12. Before entry shall be made upon private property, 
without the owner’s consent, for the purpose of laying any such sewer 
or outlet, or constructing any such works, security for all damages 


which may be done shall first be given to such owner, in such form 
and in such amount as the court of common pleas of the county may 
direct. All damages caused by the construction of any such sewer 


or works, or by the taking of lands and materials therefor, shall be 
ascertained in the manner provided in chapter six, article two of 
this act for property taken, injured, or destroyed, and shall be paid 


out of the borough treasury. 


(ec) JOINT SEWERS. 


Section 13. Boroughs may enter into agreements with munici- 


palities or townships, for the purpose of building sewers, including 
‘trunk line sewers or drains, and sewage-disposal plants. Such agree- 


ment shall provide for the joint maintenance of the same. 
Section 14. No such sewer or plant shall be constructed until 
plans and specifications have been submitted to the State Depart- 


ment of Health, and approved in accordance with provisions of the 


act of April twenty-second, one thousand nine hundred and five, page 
two hundred and sixty, entitled “An act to preserve the purity of the 


waters of the State, for the protection of the public health.” 


Section 15. Any borough may connect with an existing sewer, 
owned by any adjacent municipality, for sewage purposes, in the 


manner prescribed in sections sixteen, seventeen and eighteen of this 


article. . | 
_ Section 16. Whenever any borough shall desire to connect with 


- the existing sewer or any adjacent municipality, an application shall 


be made by council, to the court of quarter sessions of the county, 


setting forth that fact. 
. Section 17. If the court shall be of the opinion that such connec- 


tion can be made, without impairing the usefulness of the existing 
sewer, it shall appoint three viewers, who shall view the premises 


-and investigate the facts of the case, and shall assess the proportion- 
ate part of the expense of building the original sewer, upon such 
_borough, and shall fix the proportion of the expense for repairs, which 


each municipality shall thereafter bear, and determine all other ques- 
tions liable to arise in connection therewith. 


“ 


Section 18. The viewers shall report to the court the result of their — 
investigation, which report shall be confirmed within thirty days, 
unless exceptions thereto be filed. After confirmation of such re- 
port or the disposal of any exceptions, any party interested may ap-. 
peal from the decision of the court of quarter sessions to the su- 
perior court. 


(d) ACQUISITION OF SEWER SYSTEMS. 


Section 19. Any borough, in which any person, firm or corpora- 
tion is maintaining sewers and culverts, with the necessary inlets 
and appliances, for surface, under surface and sewage drainage, may 
become the owner of such sewers, culverts, inlets and appliances by 
paying therefor the actual value of the same at the time of the tak- 
ing by the borough. 

Section 20. In case of disagreement the amount to be paid, 

shall be ascertained in the same manner as damages are ascertained 
under chapter six, article two of this act. In the same proceeding 
the viewers shall assess the costs and expenses of the sewers, cul- 
verts, inlets and applicances, acquired by the borough upon the prop- 
erty benefited, according to benefits, if sufficient can be found; but, 
if not, then the deficiency, when ascertained, shall be paid by the 
borough. 


(e) COLLECTION BY INSTALMENT OF COST OF BUILDING 
' AND ACQUIRING. SEWERS AND SEWER SYSTEMS. 


Section 21. Whenever any borough, shall by ordinance, authorize 
the construction or acquisition of any sewer or system of sewers, 
and the entire cost or any part thereof shall be assessed against the 
properties abutting on such improvement, whether by the foot front 
rule or according to benefits, the council may provide in such ordi- 
nance, that the assessment may be paid in semi-annual or annual in- 
stalments. Such instalments shall bear interest at a rate not ex- 
ceeding six per centum from the date of the commencement of the 
work or the construction of such improvement. 

Section 22. In order to provide for the payment of the cost and 
expense of any such improvement, the borough may from time to 
time, issue bonds in such sums as may be required, in all to an amount 
not exceeding the amount of assessments. The bonds shall bear the 
name of the sewer, and shall rest alone for their security and pay- 
ment upon such assessments; and shall be payable at periods not ex- 
ceeding five years from the date of their issue, to be provided in the © 
ordinance directing the improvement. 


aha M3 (an a +e ° By 1 Yj 


Section 23. The bonds shall bear interest at a rate not exceed- 
ing six per centum per annum, payable semi-annually or an- 


- nually as the council in the ordinance shall direct; and shall be 


negotiated at not less than par, and the proceeds thereof applied 
solely to the payment of such improvement. In case the bonds are 
not negotiated by the council, they may be delivered to the contrac- 
tor in payment of the work, but when so delivered must be at not 
less than par. . 

Section 24. Liens to secure the assessments shall be entered in 
the prothonotary’s office of the county in the same form and col- 
lected in the same manner as municipal claims are filed and col- 
lected. 

Section 25. Such assessments shall be payable at the office of the 
borough treasurer, or such other place as the ordinance shall pro- 
vide, in semi-annual or annual instalments, with interest at the rate 
provided from the date from which interest is computed on the 
amount of the assessments. The moneys so received by the borough 
shall be applied to the payment of such bonds exclusively. 

Section 26. In case of default in the payment of any instalment 
and interest for a period of sixty days after the same shall become 
due, the entire assessment and accrued interest shall become due; 
and the solicitor shall proceed to collect the same under the general 
laws, relating to the collection of municipal claims. 

Section 27. Any-.owner of property, against whom any such as- 
sessment has been made, may pay the same in full at any time with 
interest thereon to the next’ semi-annual or annual payment, and 
such payment shall discharge the lien. If any owner shall sub- 
divide any property after the lien attaches, he may in like manner, 
discharge the same upon any subdivided portion thereof by paying 
the amount for which such part would be liable. 

Section 28. Whenever any borough shall issue any such bonds, 
the secretary of the borough shall keep a registry book, in which the 
bonds shall be registered. Such registry shall show the date of the 
issue of the bond, the amount of the bond and the name and ad- 
dress of the person, firm or corporation to whom the same was is- 
sued, which shall also be noted on the back of such bonds. 

Section 29. The bonds may be transferred at any time, and the 
secretary shall make the proper entry of any such transfers in the 
registry book and on such bonds, and shall file all asignments among 
the records of the borough. Payment of such bonds and interest 
thereon shall be made only to the last registered owner. 

Section 30. Nothing contained in this article shall prevent the 
construction of any sewer and the payment of the same by general 
taxation, when the same is for the general health and public welfare 
of any borough. 


(f) SEWER CONNECTIONS. 


‘Section 31. Any borough may, by ordinance, require any owner 
of property, abutting_on or adjoinimg any street or alley in which 
is a sewer, to make connections with such sewer in such manner as 
the borough may order, for the purpose of discharge of such drain- 
age or waste matter as the borough may specify. The borough may 
by penalties enforce any regulations it may ordain with ene 
to any sewer connections. 

Section 32. The owner shall be given three months’ notice of any 
resolution or ordinance requiring such sewer connection, and upon. 
failure to make such connection, the borough may make the same, 
and collect the cost thereof from the owner by a municipal claim 
or in an action of assumpsit. All connections required shall be 
uniform. 


(g) UNLAWFUL TO BUILD WITHIN LINE OF SEWERS. 


Section 33. It shall be unlawful for any person, to erect any 
building or make any improvement within the lines of the sewers, 
laid out or ordained to be laid out, after due notice thereof, and 
if any such erection or improvement shall be made, no allowance 
shall be had therefor in the assessment of damages. 


(h) TO BE OPENED WITHIN TWO YEARS AFTER ENACT. 
MENT OF ORDINANCE. 


Section 34. If any borough shall lay out or ordain any sewer, over 
or under private property, located in’ whole or in part within the 
limits of such borough, and proceedings to open the same and to 
assess the damage arising thereffom shall not be proceeded with 
by the borough, within two years from the enactment of the ordi- 
nance, the whole proceeding shall be void. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XIII. 





CONTRACTS WITH STREET RAILWAYS. 


Section 1. To secure the removal of any street railway tracks, or 
to prevent the laying of any tracks authorized to be laid, or to 
change the route of any street railway on any street, a borough may 


62 


enter into a contract with such street railway company for a period 
~ not exceeding fifty years, for such considerations and upon such con- 
: ditions, as may be agreed upon. 
Section 2. Such contract may include a convenant providing that, 
during the continuance thereof, municipal consent shall not be 
_ granted to any other company to use, for street railway or passenger 
transportation purposes, any streets covered by such contract. Such 
covenant may be enforced by bill in equity against the borough. 
Section 3. The contract may also provide for the laying or relay- 
ing of tracks, upon such terms and upon such conditions as may 
be agreed upon. | 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XIV. 





BRIDGES AND VIADUCTS. 
(a) GENERAL POWER. 


Section 1. Boroughs may construct bridges, and the piers and 
abutments therefor, and in exercising such power shall have the right 
to take, use and occupy private property. 

Section 2. Whenever any borough shall build any bridge, and 
the piers and abutments therefor, the same procedure shall be had 
as provided in chapter six, article four of this act relating to the 
opening, widening and straightening of streets, and all damages 
shall be awarded and benefits assessed as provided in chapter six, 
article two of this act. 

Section 3. Whenever in the laying out, opening, widening, ex- 
tending, straightening or grading of streets, it becomes necessary 
to build bridges, piers and abutments therefor, the proceedings 
therefor shall be, in the case of opening, widening, extending or 
straightening streets, as provided in chapter six, article four, and in 
the case of grading streets as provided in chapter six, article seven; 
and all damages shall be awarded and benefits assessed as provided 
in chapter six, article two of this act. 


5H ; 4s e562 


(b) OVER BOUNDARY STREAMS. » 


Section 4. Whenever a creek, over which a bridge may be necessary, 
shall be on the division line of a borough and a municipality or 
township, the borough shall unite with such municipality or town- 
shipi in the construction and maintenance of such bridge, and pay 
-an equal share of the expenses incident thereto. 


(c) OVER RAILROADS. 


~ 


Section 5. Boroughs may build bridges or viaducts over rail- 
roads, rivers, creeks, streams and private property, or over railroads 
and any of them, or over railroads only, whether the bridges or 
viaducts be wholly or partly within the borough limits for the pur- 
pose of uniting two or more streets, or separate portions of the same ~ 
street. Such bridges and viaducts must, in all cases, cross rail- — 
roads. 

Section 6. Boroughs may provide for the laying out and opening 
of the routes or locations for such bridges and viaducts, which shall 
be public highways. The proceedings for the laying out and fixing 
such locations and for the opening thereof, shall be as provided 
in chapter six, article four of this act, except that no petition of — 
property owners shall be required therefor. ; 

Section 7. In case the borough has not agreed with the owner 
of any land for the damages done or likely to be done by the erec- — 
tion of any such bridge or viaduct, the borough may appropriate 
the lands and property necessary, and the damages and benefits 
caused by such appropriation shall be assessed by viewers in the 
manner provided in chapter six, article two of this act. 

Section 8. The borough shall also have power to enter into a con- 
tract with the county commissioners, and also with railroads, street 
railways and other companies, or parties interested, for the building 
and maintenance of such bridges or viaducts, and for the payment of 
any damages caused by the location or erection thereof. 

Section 9. Nothing contained in the proceding section shall 
authorize a borough to contract with a county for the maintenance 
of any bridge or viaduct, which does not cross a place over which 
the county is authorized to build bridges; but such viaduct or bridge 
shall be maintained as a borough structure, and the borough is 
authorized to contract with any party interested, except the county, 
for the maintenance of the same. | 
_. Section 10. The contracts herein provided for may stipulate that 
the borough, county, railroad company, street railway, or other com- 
pany or party interested, shall pay a certain part of the contract 
price of the work, including damages; or may stipulate that each — 
shall construct a certain portion of the work, and may provide other- — 
wise for the payment of damages. | 


64 


Section 11. When any railroad company, street-railway or other 
_ company or party interested, agrees, to pay a certain portion of the 
cost of such work, it shall pay the same into the borough treas- 
nes y; and the borough treasurer shall pay the same over to the con- 
Betor, as may be provided in the contract; but the amount to be 
paid by the county shall be paid directly to the contractor. The 
agreements may provide for the maintenance of the bridges and via- 
ducts after their erection. 
Section 12. After any such contract has been entered into, the 
- borough in conjunction with the county commissioners, shall have 
prepared plans and specifications of the entire work, and shall ad- 
vertise for bids and award the contract to the lowest responsible 
bidder. | 
‘Section 13. The contract for the work shall provide that the 
county shall pay its certain part of such bridge or viaduct, and 
- the borough shall contract for the other part of the work; but the 
- eontract as to the borough’s part shall be based upon the appropria- 
tion made by the borough for the part of the work for which it had 
agreed to pay, and the remaining part of the contract price shall 
‘be based upon the amounts the other parties have agreed to pay. 
Section 14. The contractor shall have a right of action against 
each party uniting in the contract provided for in sections ten and 
eleven of this article, for the part thereof agreed to be paid by each | 
- party. sh 
‘Section 15. In case the county commissioners do not unite in 
the contract, the borough may contract for the construction of such 
bridge or viaduct, and may pay for the entire work or may contract 
with all or any of the other parties for such work. Plans and speci- 
fications shall be prepared and advertisement shall be made for bids 
by the borough, and the contract shall be let in the manner herein- 
before provided. 
Section 16. Any of the contracts provided for may be recorded 
in the recorder’s office of the county, and such record shall be no- 
tice to all persons who might be affected thereby. 





(d) CONDEMNATION OF TOLL BRIDGES. 


Section 17. Boroughs may purchase, condemn and maintain any 
toll bridge crossing any river or stream within the limits of such 
borough, and may also enter into contracts with the county commis- 
sioners, whereby the county shall pay a portion of the costs thereof. 

Section 18. If the borough is unable to agree with the owner of 
the bridge for the price to be paid, any court of common pleas, or 
_ any law judge thereof in vacation, on application of the borough, by 
_ petition, shall appoint three persons as viewers, and appoint a time 


5 


- 


not less than ten nor more than twenty days thereafter, when the 
viewers shall meet and view the same, together with the approaches 
thereto. 

Bection 19; The proceedings tine such viewers for the assess- 
ment of damages, for property taken, injured or destroyed, and the 
proceedings on their report shall be the same as PION in chapter 
six, article two of this act. 

Section 20. If any borough shall discontinue any proceeding 
taken, providing for the appropriation of any such bridge, prior to 
the entry upon the same, and before judgment therein, the borough 
shall not be liable to pay any damages; but all costs upon any such 
proceeding, together with any actual damage sustained by reason of 
such proceeding shall be paid by the borough, and such damage shall 
be fixed by the court. 

Section 21. Any borough may also enter into a contract with the 
county commissioners, upon such terms and conditions as may be 
agreed upon, for the purchase or condemnation of any such bridge. 
The contract may stipulate that the borough and county shall each 
pay a certain portion of the purchase price or the damages allowed 
by any condemnation proceeding, and may also provide for the main- 
tenance and repair of such bridge. 

Section 22. The amount to be paid by the county shall be paid <i 
the borough treasury and shall be applied solely to the payment of 
such bridge. 3 

Section 23. Whenever any bridge shall be purchased or con- 
demned, the borough shall maintain the same as a public bridge; but 
the borough may charge tolls or rentals for the use thereof, from 
railways, telephone and telegraph companies, and other persons mak- 
ing a use thereof for other than ordinary foot and vehicle travel. 

Section 24. All existing contracts between persons, firms or cor- 
porations, and the owners of the bridge, shall be preserved for the 
benefit of the borough and shall be assigned to the borough. 





CHAPTER VI. 


~N 


SPECIAL POWERS. : 








ARTICLE XV. 





ELECTRIC WIRES. 

Section 1. Boroughs may define, by ordinance, a reasonable dis- 
trict within which electric light, telephone and telegraph wires shall 
be placed under ground in conduits, owned either by the borough, or 

66 : | 


by corporations owning such wires, or by corporations organized for 
the purpose of laying such conduits and renting space therein. 

Section 2. Whenever conduits are owned by any person, firm or 
corporation, the borough may regulate, by ordinance, the manner in 
which conduits shall be used, and the terms and conditions, and the 
rate of rental to be charged for space therein. 
S Section 3. Boroughs may acquire such conduits by purchase or 
by condemnation, and in the latter case, the court of common pleas, 
or any judge thereof in vacation, shall, upon the petition of the 
borough, appoint a jury of three viewers, from the county board, not 
residents of the borough, and the proceedings for the assessment of 
damages shall be the same as provided in chapter six, article two of 
this act, for property taken, injured or destroyed. 

Section 4. The borough authorities shall not surrender or barter 
away the rights reserved in sections one two and three of this act. 

Section 5. The court of quarter sessions of the county, upon the 
appeal of any person, may review any ordinance passed pursuant to 
this article, and may annul such ordinance if deemed unreasonable. 
Such appeal shall be taken within thirty days from the approval of 
such ordinance. 





CHAPTER VI. 


olf 





SPECIAL POWERS. 





ARTICLE XVI. 





WATER COURSES. 


(a) WIDENING AND DEEPENING WATER COURSES AND 
HRECTING EMBANKMENTS. 


Section 1. Boroughs may widen and deepen water courses run- 
ning through the borough, and may erect such dykes and embankments 
along the same as shall be necessary to prevent the water from over- 

flowing the banks thereof. 

_ Section 2. Boroughs may enter upon any land lying near such 
water courses, and secure such material as may be necessary for the 
_ purpose of making and repairing the embankments along such water 


67 


prices. Boroughs shall cause no unnecessary damage to the owners 
of such lands, and shall repair any fences which they may destroy... 

Section 3. Boroughs may appropriate, for such purposes, any 
moneys of the borough applicable to the making and mae DE 
of the streets and bridges of such borough. 

Section 4. Any person aggrieved by reason of any sh 
passed pursuant to the preceding sections of this article, may com- 
plain to the court of common pleas, and proceedings may be had in 
the court to fix and determine the damages, and the rights of all 
parties interested, in the same manner as provided in chapter six, 
article two of this act. 


(b) VACATION AND ALTERATION OF COURSE OR CHAN. 
NEL OF WATER COURSES. 


Section 5. Boroughs may vacate or alter the course or channel of 
any water course, other than navigable streams, and for such pur- 
pose may enter upon and condemn such property and materials as 
may be necessary. 

Section 6. No ordinance for the vacation or alteration of the 
course or channel of any water course shall be passed, until notice 
thereof has been given by publication of the proposed ordinance, at 
least once a week for three consecutive weeks, in one newspaper pub- 
lished in the county. 

Section 7. The borough may, at any time after the passage of 
the ordinance, present a petition to the court of common pleas, set- 
ting forth, the nature of the vacation or alteration proposed in 
the course or channel of such water course, together with a descrip- 
tion of the proposed improvements, and praying the court to ap- 
point three viewers tu ascertain the damages, costs and expenses re- 
sulting therefrom, and to assess the damages, costs and expenses, 
or so much thereof as the viewers may deem reasonable, upon the 
property benefited. 

Section 8. The court, or any law judge thereof in vacation, shall 
appoint three viewers from the county board of viewers and appoint 
a time, not less than twenty nor more than thirty days thereafter, 


when the viewers shall meet upon the line of the improvement and 


view the same and the premises affected. 
Section 9. The proceedings before such viewers for the allowance 


of damages, for property taken, injured or destroyed, and for the a 
assessment of benefits upon property benefited, shall be as provided 


in chapter six, article two of this act. 

Section 10. If any borough shall repeal any endian ies ahaeods 
or discontinue any proceeding taken, providing for any such im- 
provements prior to the entry upon, appropriation or injury to any 


68 


courses, when the same cannot be obtained by contract at reasonable 


} 


property or materials, and within thirty days after the filing of the 

~ report of viewers, the borough shall not be liable to pay any dam- 

ages, but all costs upon any such proceeding, together with any 
actual damage or injury sustained by reason of such proceedings, 
_ shall be paid by the borough. 

- Section 11. When the court has entered its final decree confirming 
the report or fixing the assessments, the assessments of benefits 
_ shall become liens upon the property assessed, and such claims shall 

be filed and collected in the same manner as municipal claims are 

filed and collected, or they may be collected by action of assumpsit; 

the lien of the judgment, however, to be limited to the property 

assessed. 

Section 12. Nothing contained in section five of this article or in 

the sections based thereon shall apply to any water course, used 

by any municipality or water company as a source of supply, unless 

such municipality or water company shall consent to such vacation 
or alteration. 





(ec) CONFINING AND PAVING WATER COURSES. 


Section 13. Upon the written request of the board of health, the 

_ borough may confine and pave any water course, or part thereof, 

other than navigable streams, within the limits of the borough, and 

for such purpose may enter upon and condemn such property and 
materials as may be necessary to complete such work. 

Section 14. No ordinance for the confining or paving of any water 
course shall be passed, until notice thereof has been given, by publica- 
tion of the proposed ordinance, once a week for three consecutive 
weeks, in one newspaper published in the county. | 

Section 15. When the work of confining and paving of any water 
course has been completed, if the borough cannot agree with the 
property owners, as to the payment of the costs and expenses, the 
borough may present its petition to the court of common pleas, set- 
ting forth the character of such improvements, and that the dam- 
ages, costs and expenses incurred have not been paid, and praying 

the court to appoint three freeholders as viewers to ascertain the 

damages, costs and expenses resulting therefrom, and to ratably 
assess the damages, costs and expenses, or so much thereof as the 
viewers may deem reasonable upon the property benefited, and make | 
report thereof to the court. 

Section 16. The court, or any law judge thereof, shall thereupon 
appioint three viewers from the county board of viewers and appoint 
a time not less than twenty nor more than thirty days thereafter, 
when the viewers shall meet upon the line of the improvement and. 
view the same. 


69 


Section 17. The proceedings before such viewers for the allow- 
‘ance of damages for property taken, injured or destroyed, and for 
the assessment of benefits upon property benefited, shall be as pe 
vided in chapter six, article two of this act. 

Section 18. The final assessment against any property shall be 
a lien for the amount of such assessment, dating from the time of 
the final confirmation of the report, or the final decree of the court 
fixing such assessment, if filed in the court within six months from 
the final assessment or confirmation. 

Section 19. Nothing contained in section thirteen of this article 
or in the sections based thereon, shall apply to any water course 
used by any borough or water company as a source of supply, unless 
such borough or water company shall consent to such confining or 
paving. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XVII. 





PUBLIC SERVICE. 
(a) WATER SUPPLY AND WATER-WORKS. 


Section 1. Boroughs may provide a supply of water for the use 
of the public within such borough, by erecting and operating water- 
works, by entering into a contract with persons or corporations 
authorized to supply water within the limits of such borough, or 
partly by the erection and operation of water-works and partly by 
entering into a contract. 

Section 2. No contract for the supply of water hereafter entered 
into by any borough with any person or corporation, shall in any 
wise abridge the power of the borough to construct and operate 
water-works as provided in section one of this article, but such power 
shall remain in force as though such contract had not been made. 

Section 3. Any borough desiring to erect water-works or to improve 
its water supply, may appropriate springs, streams, rivers or creeks, 
and lands, easements and rights of way, within or without its lim- 
its, and, for the purpose of conducting water obtained outside the 
limits of the borough, may lay pipes under and over any lands, rivers, 
streams, bridges, highways and across railroads. | 


70 


Section 4. No water appropriated under the provisions of the 
preceding section, shall be used in such manner as to deprive the 


owner thereof, of the free use and enjoyment of the same, for domes- 


_ tie or farm purposes. 


Section 5. Prior to any such appropriation, the borough shall at- 


tempt to agree with the owner as to the damage done or likely to 


be done, and if the parties cannot agree, or the owner cannot be 
found, or is under legal incapacity, the borough shall file its bond 


in the court of common pleas, conditioned for the payment, to the 


owner of the property, of the damages for the taking thereof, when 
the same shall have been ascertained. Upon the approval of the 
bond, and filing thereof, the borough may enter upon such property. 
Section 6. Upon petition of either the property owner or borough, 
at any time thereafter, the court shall appoint three viewers from 
the county board of viewers who shall assess the damages for the 
property or rights appropriated and shall fix a time for their meet- 
ing, of which notice shall be given to all parties interested. When 
the report is filed, either party may appeal and have a jury trial. 
Section 7. Whenever any person, firm or corporation shall own 
any water-works or system, and a borough is desirous of owning 
and operating such water-works or system, such borough may pre- 
sent its petition to the court of common pleas of the county, set- 
ting forth, that the borough is desirous of owning such water-works 


_ or system, and that it will be necessary to issue bonds to be secured 


by such water-works or system, and that a value should be placed 
upon such water-works or system, including all property, real and 
personal, used in connection therewith. 

Section 8. The court shall thereupon appoint three civil engineers 
as appraisers, to value and appraise such water-works or system, and 
the property used in connection therewith, who shall file their re- 
port in the court within three months after their appointment, un- 
less such time be extended by the court. 

Section 9. The appraisers shall have access to the books and 
records of the person, firm or corporation, owning such water-works 


_or system, to inform themselves as to the income and value thereof. 


They shall have power to administer oaths and are authorized to 
take the testimony of witnesses. Their report shall be final if not 
appealed from. 

Section 10. Within ten days after notice of the filing of any re- 
port, either party may appeal from such appraisement, alleging an 
under yaluation or over valuation of the property, and praying for 
a hearing before the court. The court shall thereupon fix a time 
when such appeal may be heard, of. which time at least ten days’ 
notice shall be given to the parties, and upon such hearing, the court 


71 


shall have power to modify such report, and either party may ap- 
peal from the final confirmation of such report, to the superior or 
supreme court. 

Section 11. After the value is finally determined, the borough is 
authorized to buy such water-works or system at the valuation so 
fixed; and the person, firm or corporation owning the same, shall, 
within ten days after notice, file in court its consent to sell and con- 
vey its water-works or system and property to the borough, at the 
valuation fixed; and, in default thereof, such person, firm or corpora- 
tion shall cease to have any exclusive privilege of supplying the bor- 
ough or the citizens thereof with water, and the borough may in- 
stall such water-works or system as may be necessary for the ac- 
commodation of the public. 

Section 12. For the purpose of such purchase, the borough may 
issue bonds, which shall be secured solely by such water-works, sys- 
tems and property and the revenues thereof, and without any other 
liability on the part of such borough. 

Section 13. Such bonds shall not exceed in amount, the value 
fixed by the appraisers or the court. The proceeds of the sale of 
such bonds shall be used exclusively for the pee of paying for 
the property acquired. 

Section 14. The bonds shall be payable within thirty years from 
the date of their issue, and shall be redeemable at such earlier periods 
as the borough may by-ordinance provide, and shall bear interest at 
a rate not exceeding six per centum per annum. The bonds shall be 
exempt from taxation for any purpose. | 


Section 15. The borough shall provide a sinking fund for the 


revenues derived from such waier-works or system, for the payment 
of the interest on such bonds and for their redemption. 

Section 16. Should there be, at the time of. the passage of this 
act, a contract or agreement, in writing, existing between any per- 
son, firm or corporation, owning such water works or system, and a 


borough, dated prior to May thirty-first, one thousand nine hundred 


and seven, establishing or fixing the manner in which such water- 
works or system may be appraised and acquired, then the appraise- 
ment shall be made in accordance with the terms of such contract, 
and the respective parties to such contract shall in lieu of the pro- 
visions of sections seven, eight, nine, ten and eleven of this article 


a 


carry out the terms of such contract in arriving at the value of 


such water-works or system. 

Section 17. Two or more boroughs may unite or any borough may 
unite with a township in the construction or acquisition and mainten- 
ance of works for the supply of water. 

Section 18. The construction of water-works, as provided for in 
the preceding section, shall be after plans for such water-works have 


been filed with the state commissioner of health, and a permit is- 


72 


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af =. 
‘Sean 


— 





1 d in accordance with the act of assembly of April twenty-second, 
an e thousand nine hundred and five, page two hundred sixty, entitled 
n act to preserve the purity of the waters of the State for the pro- 
tection of the public health.” 
Section 19. In all boroughs, where authority is given to construct 
water-works and where the qualified voters are given the right to 
determine, by vote, the expediency of constructing such water-works, 
and whenever the question of expediency has been submitted to a 
‘yote, and has been determined in favor of such expediency, and the 
construction of such works has not been commenced within four years 
‘after such election, it shall be unlawful thereafter to proceed- with 
such construction, until the expediency thereof has been determined 
by another election. 
Section 20. Whenever the schedule of water rates in any borough, 
owning or controlling water-works, shall have been fixed or limited 
by general or special act of assembly, the borough may change the 
‘rates or schedule of rates from time to time, so that the same shall 
‘not, at any time, exceed the rates now limited. : 
Section 21. Boroughs may receive bids from incorporated water 
companies, authorized to do business within such borough, for the 
“supply of water for fire protection and for other municipal purposes, 
‘and may contract therefor with such company. 
Section 22. Whenever any borough is maintaining waterworks, it 
‘shall be lawful for such borough, to supply water for ordinary and 
domestic uses to persons and corporations outside the limits of such 
borough, at rates not less than those required to be paid by persons 
and corporations within the limits of such borough; but no such priv- 
ilege shall conflict with the corporate rights of any water company, 
or the rights of any other borough. 
_ Section 23. Whenever any borough in supplying water to the pub- 
lic shall find it necessary, in storing water, to occupy and overflow 
‘with water, portions of any turnpike or public road, or whenever any 
public road leads into or crosses over any reservoir used for the stor- 
ing of water, the borough shall cause such turnpike or road to be 
‘reconstructed, at its own expense, on a favorable location and in as 
perfect manner as the original road, and for such purpose is author- 
ized to condemn land, whenever an agreement as to the price cannot 
be. had with the owners. 

Section 24. After such change is made the borough shall file in the 
court of quarter sessions of the county, a map or plan showing such 
j change of road and shall furnish, to the supervisors or other authori- 

- ties of the township or municipal corporation, a copy of such map. 
Section 25. Boroughs may acquire by purchase or condemnation, 
<: such lands, along and contiguous to the streams of water or reservoirs 
from which water is taken for public use, as may be necessary to 
preserve the same from contamination. 
















73 


Vers 


Section 26. No land shall be taken for the uses mentioned in sec. 


4 


tions twenty-three and twenty-five of this article, until compensation 


therefor shall have been paid or secured before such taking, injury or 
destruction. 

Section 27. The damages incurred in changing the location of any — 
such turnpike or public road, and in condemning land to preserve 


water from contamination shall be ascertained in the manner pro. 


a eT ae 


vided in chapter six, article two of this act, and shall be paid by the 


borough. 
Section 28. Whenever any borough owns and maintains water- 


works, there may be established, in such borough, a commission of © 


water-works, to be composed of three citizens of the borough, who 
shall be known as commissioners of waterworks. 

Section 29. Any borough, desiring to avail itself of the provisions 
of this act, so far as it relates to a commission of water works, shall, 
by resolution passed by the council and recorded in its minutes, apply 
to the court of common pleas of the county for the appointment of 
-commissioners of water-works. 


Section 30. It shall-be the duty of the court of common pleas, upon — 


application of any borough, to appoint such commissioners of water- 
works, one of whom sball be appointed to serve for one year, one for 
two years, and one for three years; and annually thereafter the court 
shall appoint one commissioner of water-works to serve a term of 


three years. In case of a vacancy the court shall fill the same for 


the unexpired term. 

Section 31. After three years from the first denen the bor- 
ough may, at any time, rescind the resolution asking for the appoint- 
ment of a commission of water-works. When such resolution shall 
be rescinded, the court shall make no further appointment of commis- 
sions, until a resolution shall again be passed by a council asking 
for such appointment. 

Section 82. The commissioners of water-works shall not receive 
any salary for their services, but shall be paid all moneys necessarily 
expended in the performance of their duty. 

Section 33. It shall be the duty of the commissioners of water- 
works to meet within ten days after their first appointment, and 
annually thereafter, and organize by electing a president and secre- 
tary. 

Section 34. After organization, the commissioners shall take 
charge and control of the water-works of such borough. The com- 
missioners shall have power to appoint all necessary officers and 
agents, and take from them such security for the faithful perform- 
ance of their duty as they shall deem proper, and to fix the salaries 
and wages of such officers and agents; to provide for the repair, 
extension, improvement and maintenance of such water-works, and 


74 


Se a oe 





the erection of new water-works; to collect water rents and to make 
and establish the rates and conditions upon which water will be fur- 
_nished to applicants therefor; and to make by-laws and regulations 
for the economic and efficient management of such water-works. 
j Section 35. The borough may, upon the request of the commission- 
{ ers of water-works, issue bonds for the extension of the water- works, 
or the erection of new water-works. Such bonds shall be designated 
ee works bonds,” and shall be delivered to the commissioners, 
from time to time, upon their requisition after the commencement of 
the work, for the payment of which, such bonds were issued. Each 
such requisition shall be accompanied by a detailed statement of the 
_work done and materials purchased. The bonds shall not be sold for 
less than par and the proceeds thereof shall be applied to the purposes 
for which such bonds were issued. 
Section 36. The commissioners shall prepare plans and specifica- 
tions of all work to be performed and materials necessary for the 
repair, maintenance and extension of such water-works, or the erec- 
- tion of new water-works; and shall, after plans and specifications for 
the extension or the erection of water-works have been submitted to 
and approved by the department of health, in accordance with the © 
provisions of an act of assembly, approved the twenty-second day of 
_ April, one thousand nine hundred and five, page two hundred sixty, 
entitled “An act to preserve the purity of the waters of the State, for 
the protection of public health,” and a permit granted therefor by the 
Commissioner of Health, invite proposals for the performing of such 
work and the furnishing of such materials; and shall let contracts 
_ therefor to the lowest responsible bidder, and shall take adequate 
_ security for the performance of such contracts. 
_ Section 37. The commissioners shall make a monthly report to the 
council of the borough of the receipts and disbursements during the 
_ preceding month; and annually make a detailed report of the condi- 
_ tion of the water-works, which shall be published by the council for 
_ the information of the public. 
_ Section 38. The commissioners shall cause all moneys collected to 
_ be deposited weekly, by the collectors, with the borough treasurer, 
who shall return a receipt therefor to the commissioners. All moneys 
so collected shall be kept in a separate fund, and shall be used for the 
purpose of repairing, maintaining and extending such water-works, 
_ the erection of new water-works, or the payment of any indebtedness 
_ on said water-works, and for no other purpose. No money shall be 
drawn from such fund except upon order countersigned by the presi- 
dent and secretary of the commission. 
Section 39. All by-laws and regulations not inconsistent with the 
laws of the Commonwealth, the rules and regulations of the depart- 


15 


an ti Ne SIS 2 ele alae 






ment of health or water supply commission, when made by the com- 
missioners, shall have the force and effect of ordinance of such bor- 
ough. © 3 

Section 40. Whenever two or more boroughs, or any borough and 
a township, jointly construct and maintain water- -works, and. desire 
to avail themselves of the provisions of this act so far as it relates 
to a commission of water-works, the councils of such boroughs may 
join with the commissioners of supervisors of such township, after 
ordinance duly passed, and apply to the court of common pleas of 
the county for the appointment of a commission of water-works in ace 
cordance with section twenty-nine of this article. Such commission 
shall be composed of citizens of each of the boroughs and townships 
so uniting. 


(b) MANUFACTURE AND SUPPLY OF ELECTRICITY. 


Section 41. Boroughs may manufacture electricity for the use of. 
the inhabitants of such boroughs. | 

Section 42. Boroughs may regulate the use of electricity in dwell. | ] 
ing houses, store-rooms and other places in such mates and the 
price to be charged for the same. ; 

Section 43. Whenever any electric light company, organized un-— 
der the laws of this Commonwealth, is furnishing light to any bor- | 
ough or the public, such borough is authorized to purchase the works — 
of such corporation, at such price as may be agreed upon by the bor- — 
ough, and a majority in value of the stockholders of such iecboradl 
tion. 

Section 44. Upon failure so to agree, the borough may present a 
petition to the court of common pleas, asking for the Gupbiitiietial 
of viewers to assess the value of the plant and works so taken; 
whereupon the court shall appoint three viewers from the county { 
board of viewers neither of whom shall be stockholders in such cor- 
poration or tax payers in such borough, and shall appoint a time 
for their meeting of which ten ag iat notice shall be given to all par- 
ties in interest. 

Section 45. The viewers having been sworn or affirmed, justly and 
impartially to appraise the property, and having viewed the premises 
and taken such testimony as may. be offered by any party touching 
the value of the property and franchises, they shall determine the 
amount of damages that such corporation will sustain and te whom 
payable, and make report thereof to the court, which report having 
been confirmed by the court, judgment shall be entered thereon. 

Section 46. Either party may at any time, within thirty days af- 
ter the confirmation of any such report, appeal bite to the court 
of common pleas of the county. 





i. 


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76 





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7 
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cede 

v 

. 


Section 47. After such appeal either party may put the cause at 
Precise in the form directed by the court, and the same shall be tried 


before a jury. After final judgment either party may have an appeal 


to the superior or supreme court. 

Section 48. If any exceptions are filed with any appeal, they shall ~ 
be speedily disposed of, and if allowed, a new view shall be ordered, 
but if disallowed, the appeal shall proceed as before provided. 
Section 49. The court shall have power to order what notice shall 
be given in connection with any part of such proceedings. 

Section 50. Before any debts shall be contracted by any borough 
for the manufacture of electricity, or for the purchase of the property 
of any electric light company, the question of the increase of the debt 


-of-such borough, for any of such purposes, shall first be submitted. 


to the qualified voters of the borough, in the manner provided by 
law for the increase of indebtedness of municipal corporations. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XVIII. 





PUBLIC BUILDINGS AND WORKS. 


| Section 1. Boroughs may enter upon and appropriate private 


_ property, and also land granted or dedicated to public use, prior to 


the tenth day of June, one thousand nine hundred and one, and which 
is no longer used for the purpose for which the same was granted 
or dedicated, for the erection thereon of such public buildings and 
works as are necessary for municipal purposes, within the limits of 
such borough. 

Section 2. No land or property used for any cemetery, burying 
ground, or place of public worship, shall be taken or appropriated, 
by virtue of any power contained in the preceding section of this ar- 
ticle. 

Section 3. If the compensation for damages airising from such 
taking and appropriating of private property, cannot be agreed upon 
by the owners thereof and such borough, it shall be lawful for the 
borough to tender its bond as security to the party entitled to any 
damages, or to the attorney or agent of any absent person, or to the 


TT 


agent or other officer of a corporation, or to the guardian or commit- — 
tee of any person under legal incapacity; the condition of which shall 
- be, that the borough shall pay or cause to be paid such amount of 
damages as the party shall be entitled to receive, after the same 
shall have been agreed upon or assessed by viewers. 

Section 4. In case the party claiming damages refuses to accept 
the security tendered, the borough shall give the party, his agent, 
attorney, guardian or committee, ten days’ written notice of the time 
when the same will be presented in the court of common pleas for ap- 
proval; and thereafter the borough may present its bond in court, 
and, when approved, the same shall be filed in the court for the bene- 
fit of those interested, and recovery may be had thereon for the 
amount of damages ascertained, if the same be not paid, by execution 
on the judgment in the issue framed to try the question; and upon 
the approval of such security, the borough may enter into possession. 

Section 5. Whenever any borough shall desire to take any lands 
granted or dedicated to any use or purpose for which the same are no 
longer used, they shall pass an ordinance declaring such intention 
and shall thereupon petition the court of common pleas of the county 
for leave to file the bond of such borough, for the purpose of securing 
any person who may be injured by the taking of such lands. 

Section 6. The court shall thereupon direct such notice to be 
given, by publication in two newspapers of the county, as to the court 
shall seem proper, and if no exceptions are filed to the bond on or 
before the day fixed in the notice, the court shall approve the same. 
The court shall have power to increase the amount of such bond, and — 
to hear and determine all exceptions that may be filed against the 
approval thereof. Upon the approval of such bond, the borough may 
enter upon and take such lands. 

Section 7. The bond provided for in section five of this article, 

shall be in the name of the Commonwealth, for the use of any persons 
who may be entitled to damage by reason of the taking of such lands, 
and shall remain on file for their benefit. 

Section 8. In case the compensation for damages accruing from 
such appropriation have not been agreed upon, the court of common 
pleas of the county or any law judge thereof in vacation, on applica- 
tion by the borough or any person interested, shall appoint three free- 
viewers from the county board of viewers and appoint a time, not 
less than ten nor more than twenty days thereafter, when the viewers 
shall meet upon the property and view the same and the premises 
affected. 

Section 9. The proceedings before such viewers, for the assess: 
ment of damages for property taken, injured or destroyed, shall be 
as provided in the preceding sections of this article, and the proceed- 
ings on their report shall be as provided in chapter six, article two 


of this act. 
78 


Section 10. All damages when ascertained, the costs of the view- 
ers and all court costs incurred in such proceedings, including adver- 
tising, printing and posting notices, shall be paid by the borough. 

Section 11. In the preparation of specifications for the erection or 
alteration of any public building, when the entire cost of such work 
shall exceed one thousand dollars, it shall be the duty of the archi- 
tect, engineer or person preparing such specifications, to prepare 
Separate specifications for the plumbing, heating, ventilating and 
electrical work; and the borough shall receive separate bids upon 
each of the said branches of work, and award the contract for the 
same to the lowest responsible bidder. 

Section 12. In letting contracts for the erection of any public 
buildings, when plans and specifications for the same shall be sub- 
mitted for bids, the same shall be accompanied by a list of quantities 
of materials required for such building, to be prepared and furnished 
by the architect or engineer preparing the plans, which bill or list 
shall be attached to the specifications. No such list of materials 
shall be taken as being guaranteed by the borough submitting such 
plans and specifications. 

Section 13. Boroughs may purchase any real estate, within or 
without the borough limits, upon which to erect and maintain gar- 
bage or incinerating furnaces and sewage-disposal works, with the 
necessary filter-beds, appliances, drains and sewers. 

Section 14. Boroughs desiring to locate any garbage or incinerat- 
ing plant, shall first apply to the court of common pleas for its ap- 
proval of the location thereof; whereupon the court shall fix a date 
when objections to the location will be heard, and shall prescribe 
what notice of such hearing shall be given. If at the time fixed for 
such hearing, no objection shall be made to such location, the same 
shall be approved; but if objection be made, then the court shall pro- 
ceed to hear the matter, and determine whether the location is a detri- 
ment to neighboring properties. The finding of the court shall be 
conclusive, but shall in no way adjudicate any question relating to 
damages for injury to property. 

Section 15. In case the borough cannot agree with the owner of 
such property as to the price, or in case the owner is absent, or in- 
capacitated from any cause, or is unknown, by reason of which no 
agreement can be made, the borough may take and appropriate for 
any of such purposes, any real estate, after an ordinance shall have 
been passed providing for such taking and appropriating. 

Section 16. No real estate shall be acquired, or contract for the 
construction of sewage-disposal works or plants, or sewer or drains 
extending thereto, be entered into until a permit for the location and 
construction shall have been obtained from the state commissioner 
of health. 


6H 79 


Section 17. Where the borough and the owner cannot agree as to. 


the price to be paid; or where by reason of the legal in- 
capacity of such owner, or where the owner is absent or unknown, 
no agreement as to'the damages sustained can be made, the borough 
may tender its bond to the party entitled to damages, or to the agent 
of any person absent, or to the guardian or committee of any one 


‘under legal incapacity. The condition of the bond shall be, thatthe 


borough will pay or cause to be paid such amount of damages as the 
party shall be entitled to receive, after the same shall have been 
agreed upon by the parties or assessed by viewers. 

Section 18. In case the party claiming damages refuse to accept 
the bond so tendered, the borough shall give such party at least five 
days’ written notice of a time when the same will be presented for 
filing in court. Thereafter the borough may present its bond to the 
court of common pleas, or to any law judge thereof in vacation, and, 
if approved, the bond shall be filed in court for the benefit of those 
interested. 

Section 19. In case the title to the lands to be taken and appro- 
priated, be defective or disputed, or the party owning such rea] es- 
tate cannot be served with a notice or have a bond tendered as pro- 
vided in the preceding section, the court of common pleas of the 
county or any Jaw judge thereof in vacation, upon petition of the 
borough, setting forth the necessary facts, shall direct the filing of a 
bond to the Commonwealth, in an amount to be fixed and approved 
by the court, for the benefit of those who may be found entitled to 
the damages. The condition of such bond shall be the same as pro- 
vided in section seventeen of this article. 

Section 20. Upon the filing and approval of any bond provided 
for by sections seventeen and nineteen of this article, the borough 
shall have the right to enter upon and appropriate the lands men- 
tioned in such bonds, and the title acquired by virtue of such con- 
demnation shall be a fee simple title. 

Section 21. In case the damages for such taking and appropria- 
tion have not been agreed upon, the court of common pleas or any 
law judge thereof in vacation, on application by petition of the bor- 
ough or any person interested, shall appoint three viewers, 
from the county board of viewers, and appoint a time not 
less than twenty nor more than thirty days thereafter, when the 
viewers shall meet upon the premises and view the same. 

Section 22. The viewers shall give ten days’ notice of such meeting 
to the owners of lands taken, if such owners reside within the county 
and can be found; and to the guardian of any minor, if such guar- 


dian resides within the county; and to the guardian or committee of © 
any lunatic or person of unsound mine, if such notice can be served . 


upon such guardian or committee, and in alJ cases where the owners 


80 






are incapacitated or unknown, notice shall be given in two news- 
papers of general circulation printed in the borough or county; and 
the viewers shall give such other notice as the court shall direct, havy- 
ing regard to the circumstances of the case. Where minors have no 
guardians, and lunatics or persons of unsound mind have no guar- 
dians or committee, the court shall appoint a guardian or committee 
ad litem, a direct that all notices shall be served upon them. 

_ Section 23. The proceedings before such viewers for the allowance 
of damages for property taken, injured or destroyed, and the pro- 
ceedings upon their report shall be as provided in chapter six, article 
two of this act. 

Section 24. Nothing contained in this article shall be construed 
to repeal or affect the provisions of an act entitled “An act to pre 
serve the purity of the waters of the State, for the protection of the 
public health,” approved the twenty-second day of April, one thou- 
sand nine hundred and five, page two hundred sixty, or in any way to 
limit the powers of the department of health with regard to the regu- 
lations of the discharge of sewage. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XIX. 





WHARVES AND DOCKS. 


Section 1. Boroughs may erect and repair wharves and docks, 
regulate and fix the rate of wharfage for all public wharves and 
docks within their limits, and enforce the collection of wharfage for 
the use of the same, and also to regulate the anchoring of vessels, 
boats, or rafts within their limits, and the depositing of spe ish on 
_ such public wharves. 

Section 2. Boroughs may acquire by purchase or condemnation ; 
such real estate as they may need, for the construction of wharves 
and docks within the limits of such boroughs, along navigable streams. 

Section 3. No real estate, for the erection of wharves and docks, 
as provided in the preceding section of this article, shall be taken 
_or appropriated until an ordinance authorizing the same shall have 
_ been passed and approvéd. 


81 


Section 4. Whenever an agreement can not be made between any 
borough and the owner of any real estate, as to the price to be paid 
therefor, the borough may tender its bond to the owner, or to the 
agent if such owner shall be absent, or to the ey or committee 
of any one incapacitated. 

Section 5. In case the owner, or agent, committee or guardian 
shall refuse to accept such bond, the borough shall present the same 
for approval to the court of common pleas of the county, or any law 
judge thereof in vacation. A notice of such application, in writing, 
with a copy of the proposed bond, shall be served upon such owner, 
agent, committee or guardian, at least five days before the applica- 
_ tion for approval shall be made. If such bond shall be approved by 
the court, it shall be filed in the prothonotary’s office of the county, 
for the benefit of those interested. ‘ 

Section 6. In case the title to any real estate so condemned shall 
be defective or disputed, or if, from any cause, no bond can be ten- 
dered or notice served, the borough may present its petition to the 
court, or to any law judge thereof in vacation, setting forth the neces- 
sary facts. Whereupon the court may direct that the bond of such 
borough be executed to the Commonwealth, and filed in the court for 
the benefit of those who shall be entitled to any damages by reason of 
such taking or appropriation. The amount of such bond shall be 
fixed by the court. 

Section 7. The condition of each bond provided for in the preced- 
ing sections of this article shall be, that the borough will pay to the 
party entitled, such amount of damages as may be agreed upon be- 
tween such party and the borough, or assessed by viewers. 

Section 8. Upon the approval and filing of any bond provided for 
in the preceding sections of this article, the borough may enter upon 
and appropriate the real estate mentioned in such bond, and the title 
acquired by the borough shall be a title in fee simple. 

Section 9. Whenever the price for any such real estate has not 
been agreed upon, the court on petition of the borough or any party 
interested, shall appoint three freeholders as viewers, and fix a time, 
not less than twenty nor more than thirty days thereafter, when the 
viewers shall meet upon the premises and view the same. 

Section 10. At least ten days’ notice of the time and place of such. 
meeting shall be given to the owners of such real estate, or to their 
agent, committee or guardian. If service of such notice cannot be 
had on such owners, agent, committee or guardian, such notice shall 
be given in two newspapers of general circulation in such borough. 
Such other notices shall be given as the court or judge may direct. 

Section 11. When any owner of such real estate shall be legally in- 
capacitated, the court may, on the application\of the borough, ap- 
point a guardian or committee ad litem for such owner, and may di- 
rect that all notices shall be served on such guardian or committee. 


82 





Section 12. The proceedings before such viewers for the allow- 
ance of damages, for property taken, injured or destroyed, and the 
proceedings on their report shall be as provided in chapter six, ar- 
ticle two of this act. The costs of all proceedings, including the 
compensation of the viewers, shall be paid by the borough. 

Section 13. The damages for the taking or injury of any property 
for use as a wharf, pier or bulkhead shall include full compensation 
for the value of the property taken or injured; and if the property, 
so taken or injured, shall constitute a part of a plant used as an 
entirety, the damage to the owner or tenant shall be assessed by tak- 
ing the difference in market value of such plant as a whole, including 
buildings and all equipments installed and used in such plant, before 
and after such taking or injuring, and notwithstanding that part of 
such plant may be separated by a highway. 

Section 14. Boroughs may lease any wharf or part thereof, and 
collect rent therefor by distress or otherwise. No one term of any 
such lease shall be for a longer period than three years. 

Section 15. Boroughs may erect and maintain market houses and 
terminal sheds on wharves, for the receipt and distribution of freight 
and express, hauled by boats, railroads and street cars. Boroughs 
may also construct railroad and street railway tracks or other facili- 
ties on wharves to provide for the convenient hauling of such freight 
or express matter, and collect rents, tolls or charges for the use of 
‘such market houses, terminal sheds, tracks and facilities. No per- 
mit, other than a license revocable at will, shall be granted, and no 
exclusive permit for the use of such facilities shall be granted. 

Section 16. No structure erected, and no right granted under the 
powers conferred by any of the preceding sections of this article, 
shall interfere with the public use of wharves for river commerce. 





CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE XX. 





LICENSES AND LICENSE FEES. 


(a) AUCTIONEERS. 


Section 1. Boroughs may regulate and license persons and firms 
engaged in the business of auctioneering within the limits of any such 
borough, and fix the amount to be paid for such license. Such license 

shall be in addition to all other licenses required by law. 


83 


‘Section 2. The provisions of the preceding section shall not 
apply, for a space of three months, to persons or firms regularly en- 
gaged in business in boroughs, who may desire to reduce their stock, 
or retire from business. | 


(b) FOREIGN DEALERS. 

Section 3. Boroughs may license foreign dealers in merchandise, 
or their agents, having no permanent place of business in such 
boroughs, but temporarily engaged in selling merchandise, either by 
wholesale or by retail. Such license shall not exceed the amount 
imposed on resident merchants engaged in like business. The pro- 
visions of this section shall not apply to sales by sample. ae | 


(c) TRANSIENT MERCHANTS. | 


Section 4. It shall be unlawful for any person, coarbanealily 
or corporation, without a license to conduct any business in any 
borough, the whole or greater part of which shall consist of the 
sale of goods, which shall be represented or advertised to be the 
goods of the estate of any bankrupt; or the goods of any assignee, or 
a person, firm or corporation about to go out of Ding or goods 
that have been damaged in any way. 

Section 5. The provisions of the preceding section of this arti- 
cle, shall not prohibit the sale of any goods by any assignee, trustee, 
receiver or other officer appointed by any court of this Common- 
wealth or of the United States, acting for the estate of any such 
bankrupt, or other person, firm or corporation, within the limits of 
any borough wherein such person, firm or corporation conducted 
business, or had the goods, immediately before the appointment of 
any such assignee, trustee, receiver, or other officer; or the sale of 
any damaged goods, if the same be sold within the limits of the 
borough wherein the owner conducted business, or had such i gone at 
the time the same became damaged. 

Section 6. The license provided for in the section four of this 
. article, shall be issued by the treasurer of the borough wherein such ~ 
business is conducted. The license fee shall not be less than one 
~ hundred dollars, nor more than two hundred dollars, for each cal- 
endar month or fraction thereof, and shall be fixed by ordinance. 
The license shall be renewed monthly during the time such person, 
firm or corporation shall conduct such business, and shall be in addi- 
tion to all license fees and taxes imposed by the Commonwealth and 
the borough. 

Section 7. Any person, association, co-partnership or corporation 
violating any of the provisions of sections five, six, seven or eight of 
this article, shall be guilty of a misdemeanor, and upon conviction 
thereof, shall be sentenced to pay, for each day such business shall 
be conducted without a license, a fine of not more than two hundred 
dollars, 


84 





a 


(d) VEHICLES. 


Section §. Boroughs may enact ordinances establishing reasonable 


_ rates of license fees on all vehicles, used in carrying persons or pro- 
i 


perty for pay; and may regulate the operation and compensation 


of such vehicles within the limits of such boroughs, or between any 





such borough or other POUR. 


(ce) RESTRICTIONS. 


_ Section 9. It shall be unlawful for any borough to levy or col- 
lect any license fee from any farmer who sells his own iia in 
or about the streets of any borough. | 

Section 10. It shall be unlawful fox any borough to levy any. 
license fee or mercantile tax upon any persons taking orders for 
merchandise by sample, from dealers or merchants, for individuals 
or companies who pay a license or mercantile tax at their chief 
places of business. Nothing in this section shall authorize any 
person to sell by retail to others than dealers or merchants. 





CHAPTER VII. 





GOVERNMENT. 





ARTICLE I. 





COUNCIL. 


Section 1. The borough council shall organize at ten o’clock ante 
meridian on the first Monday of January, one thousand nine hun- 
dred and sixteen, and biennially thereafter, by electing a president 


and secretary and such other officers as it may require. The presi- 


dent shall preside over the meetings of council and when absent his 
place shall be filled by a president pro tempore. The councilmen 
shall not receive any compensation for their services as councilmen. 

Section 2. Before entering upon the duties of their office, the 
councilmen shall take and subscribe an oath or affirmation to support 
the constitution of the United States, and of the Commonwealth of 
Pennsylvania, and to perform the duties of their office with fidelity. 


: The oath or affirmation may be taken before any judge or justice of 


_ 85 


the peace of the county or before the burgess of the borough, when he 
has qualified, and shall be entered upon or filed among the records 
of the borough. 

Section 3. The burgess shall preside over the organization meeting 
ef the council, but he shall not vote thereat, unless the vote of the 
council be equally divided. . 

Section 4. If the council of any borough shall fail to organize 
within ten days from the time prescribed in section one of this 
article, the court of quarter sessions upon the petition of ten tax- 
able inhabitants, verified by the affidavit of five of the petitioners, 
shall issue a rule upon the delinquents to show cause why 
their seats should not be declared vacant. The rule shall be return- 
able not less than five days from the time of its issue, and after 
hearing the court may declare the seats of such delinquent council- 
men vacant, and appoint others in their stead who shall hold their 
office for the unexpired term. 

Section 5. Whenever two or more boroughs are consolidated 
under the provisions of chapter two, article two, of this act, the 
council of the new borough at the first meeting after such consolida- 
tion shall designate by ballot which of the high constables, and audi- 
tors, shall perform the duties of those offices in the new borough, 
and the persons so chosen shall hold their office until the first Mon- 
day of January next succeeding the municipal election at which 
such officers are regularly elected as provided in chapter eight, arti- 
cle one, of this act. The council shall also designate by ballot which 
of the treasurers shall perform the duties of that office in the new 
borough, and shall select some person as secretary of the council. | 

Section 6. It shall be the duty of the council, a majority of 
whom shall be a quorum: 


I. To meet statedly at least once a month, and within ten days 
after the election of any corporate officer. 

II. To make and preserve full records of their proceedings. 

III. To enact, revise, repeal, and amend such laws, rules, regula- 
tions and ordinances, not inconsistent with the laws of the Common- 
wealth, as it shall deem beneficial to the borough and to provide 
for the enforcement of the same. 7 

IV. To publish in one newspaper printed in the county and by 
twelve advertisements posted in the most public places in the borough, 
every enactment, regulation, ordinance or other general law, at least 
ten days before the same shall take effect. 

V. To give personal notice of all orders and regulations affecting 
particular individuals. 

VI. To cause to be made a plan of the roads, streets, lanes, 
alleys, and courts opened or laid out, together with such explana- 


86 






#, 


‘ 


<< 
= 


in their discretion may appioint a solicitor, one or two street commis- 


s 
} 


“tion as shall be necessary to a full understanding of the same. The 
plan shall be kept by the secretary and shall be open to public in- 
- spection. 


VII. To appoint and remove a treasurer and secretary. Council 


_ sioners, and such other officers as it shall deem necessary. 


VIII. To fix the compensation of the treasurer, secretary, street 
commissioners, high constable, and such other officers as they may 
appoint, to be paid from the borough treasury by orders drawn 
thereon, and signed by the burgess. 

IX. To fix the amount of security to be given by the Co anear 
and the high constable. 

X. To direct annually the publication of the accounts of the 
treasurer. 

XI. To mitigate or remit fines and forfeitures in reasonable cases. 


Section 7. Every ordinance and resolution, except as herein other- 
wise provided, passed by the council, shall be presented to the burgess 


_ for his approval. If the burgess approve he shall sign it, but if he 


shall not so approve he shall return it with his objections to the 
council at its next regular meeting, when the objections shall be 
entered upon the minutes, and the council shall proceed to a recon- 


sideration thereof. If, after such re-consideration, two-thirds of all 


the members elected to said council or a majority of council plus 


one, when the number composing such council is less than nine, 


shall yote to pass such ordinance or resolution it shall become of 


as full force and effect as if it had received the approval of the bur- 


gess, but in such case the vote shall be determined by yeas and nays 


and the names and votes of the members shall be entered on the min- 
utes. If any such ordinance or resolution shall not be returned by 


2 
| 


the burgess at the regular meeting of the council next succeeding its 
_ presentation to him, it shall likewise have as full force as if it had 
been approved. 

Section 8. No ordinance or resolution shall be considered in 
force until the same is recorded in the ordinance book of the bor- 


_ ough together with the certificate of the secretary and is advertised 
_ as provided in clause four of section six of this article. 


Section 9. Complaint may be made to the next court of quarter 
sessions, upon entering into recognizance, with sufficient security 
to prosecute the same with effect, and for the payment of costs, by 
any person aggrieved in consequence of any ordinance, regulation, 
or act done or purporting to be done in virtue of this act, and the 


_ determination and order of the court theréon shall be conclusive. 


Section 10. Whenever any ordinance book is lost, destroyed, or 


_ becomes unserviceable, the borough council may provide, by ordi- 


dy 
4 


> 
=i 


nance, for a new ordinance book into which shall be transcribed, 
Eby the secretary, all of the then valid ordinances. 


87 


Section 11. The secretary in transcribing such ordinances shall 
make complete copies thereof, including.the date of enactment and _ 
approval and the names of the officers who signed the same, and, 
after notice given and corrections made, shall certify each ordi- 
nance as a correct copy of the original. 

Section 12. The ordinance providing for the transcribing of such 
ordinances, shall be recorded in such book immediately following 
the ordinances so transcribed, and it shall provide that the secre- 
tary of the borough, upon the completion of such transcribing, shall 
publish once a week for four weeks in one newspaper published 
in the borough and if there be no such publication, then in a news- 
paper published in the county. A notice stating that all of the 
then valid ordinances of the borough have been transcribed into a 
new ordinance book, and that the old books and records of borough 
ordinances and the new ordinance book are open to public inspection, 
tor the purpose of verification and. correction, during the thirty 
days from the date of the notice. 

Section 13. The secretary of the borough at the expiration of 
such notice shall make all corrections, and shall then certify that 
all of the ordinances have been compared with their originals and 
that they are correct copies thereof. After the ordinances are trans- 
cribed, notice thereof given and the certificate of correction made 
as provided in the preceding sections of this article, the ordinances 
so transcribed shall take the place of the original record, and shall 
be the valid and legal ordinances of the borough. 

Section 14. Borough councils may compel the attendance of wit- 
nesses and the production of books, papers or other evidence at any 
meeting of the council, or any committee thereof, and for that 
purpose may issue subpoenas signed by the president of council or 
the chairman of the committee, and cause the same to be served in 
any part of this Commonwealth. If any witness shall refuse to, 
testify to any fact within his knowledge, or to produce any books 
or papers in his possession or control required to be used as evidence 
in any such case, the secretary of the council shall report the facis 
relating to such refusal to the court of common pleas. If the court 
determines the evidence required of such witness to be legal and 
competent, it shall order such witness to testify or produce the eyi- 
dence required. 

Section 15. No person residing without the borough and sub 
poenaed as aforesaid shall be required to respond to the same until 
mileage to and from the borough at the rate of ten cents a mile, 
and a per diem allowance-of two dollars for the time their presence 
is desired, and has been furnished. | 


88 





— = 











q 
: 
q 
z 


_ Section 16. Any person called as a witness as provided in sec- 
tion fourteen of this article, may be examined under oath, and for 
the giving of false testimony shall be liable to indictment and pun- 
- ishment for perjury. 





CHAPTER VII. 





GOVERNMENT. 





ARTICLE I. 





BURGESS. 


Section 1. No burgess shall hold any other borough office or ap- 
pointment during the term for which he is elected, nor be eligible 
to succeed himself; he shall not be a member of, nor preside at the 
meetings of the council, except as provided in section three, article 
one, of this chapter. 

Section 2. No member of Congress or any person holding any 
office or appointment of profit or trust under the Government of the 
United States shall be capable of holding the office of burgess. 

Section 3. Any person violating the provisions of section two, 
of this article shall be liable to a penalty of not less than fifty dol- 
lars nor more than one hundred dollars ; and the office of burgess 
shall be considered vacant. 

Section 4. Any penalty imposed under section three of this 
article, shall be paid, one-half to the overseers, guardians, or direc- 
tors of the poor of the borough or county where such offense is com- 
mitted, to be applied for the support of the poor, and one-half to 
the prosecutor. | 

Section 5. The burgess, before exercising the duties of his office 
shall take and subscribe an oath or affirmation, and the same shall be 


filed, as provided in chapter seven, article one, section two, of this act. 


Section 6. The salary of the burgess may be fixed by ordinance, 
to be paid from the borough treasury in monthly instalments, on 
warrants authorized by the council. When so fixed such salary 
shall not be changed during the term of the incumbent. 

Section 7. The salary of the burgess shall not exceed, per annum, 
one hundred dollars per thousand for the first five thousand popu- 


lation, or fraction thereof; and fifty dollars per annum for each ad- 
_ ditional one thousand of population or fractional majority thereof; 


89 


the population to be determined by the last United States decennial 
census or by five times the number of electors in the borough, as 
shown by the last registration thereof. 

Section 8. Any. salary, paid pursuant to section six and seven of 
this article, shall be in lieu of all costs and fees allowed a burgess, 
whether acting as burgess or justice of the peace, and in such case 
the costs and fees shall be taxed and collected by the burgess and 
turned monthly into ‘the borough treasury, together with a sworn 
statement of the same. 

Section 9. In all cases where the burgess is given the jurisdic- 
tion of a justice of the peace, he shall collect the same costs and fees 
as is charged by justices of the peace for like services. 

Section 10. The burgess shall have power: 

1. To administer oaths and affirmations in matters pertaining to 
borough affairs. 

II. To exercise jurisdiction in all disputes between the borough 
and individuals arising under the ordinances, rules and regulations 
of the borough. 

III. To exercise the criminal powers and jurisdiction of justices 
of the peace, in the enforcement of all ordinances of the borough, 
and the collection of fines and penalties imposed thereunder. 

IV. To exercise the powers and jurisdiction of justices of the 
peace within the borough for the suppression of riots, tumults, and 
disorderly meetings; and in all criminal cases, for the punishment of 
vagrants and disorderly persons. 

Section 11. It shall be the duty of the burgess: 

I. To preserve order in the borough, to enforce the ordinances 
and regulations, to hear complaints, to remove nuisances, and to 
exact a faithful performance of the duties of the officers appointed. 

II. To demand and receive sufficient security in the amount fixed 
by the borough from the treasurer and high constable. 

III. To sign the by-laws, rules, regulations and ordinances, after 
they shall have been correctly transcribed by the secretary. 

IV. To keep correct accounts of all fees, fines and costs received 
by him, to render to the councils at each regular meeting, an item- 
ized statement of all such moneys so received since the last regular 
meeting of the council, with the dates at which, and the names of 
the persons from whom, the same was received, and to pay all such 
moneys into the borough treasury, prior to such regular meeting. 

V. To cause to be opened all public roads, streets, lanes or alleys 
lying partly within the borough. 

Section 12. Any burgess neglecting or refusing to open a road, 
street, lane or alley as provided in the preceding section shall be 


90 






liable to a fine of not less than four dollars, nor more than fifty 
dollars, to be recovered in a summary proceedings before any jus- 
tice of the peace of the county. 

Section 13. Whenever the burgess is absent or incapacitated, the 
duties of his office shall be discharged by the president of council. 





CHAPTER VII. 





GOVERNMENT. 





ARTICLE IIT. ‘on 





HIGH CONSTABLE. 


Section 1. The high constable, before entering on the duties of 
his office, shall take and subscribe an oath or affirmation, and the same 
shall be filed, as provide in chapter seven, article one, section one, 
section two of this act; he shall give such bond with surety as is 
required by the borough. 

Section 2. The high constable shall have the power and authority 
of constables of the several townships in the county; he shall serve 
any notices prescribed by this act, and shall attest the service of 
the same by an affidavit signed by him, and deposited with the sec- 
retary of the borough. 

Section 3. The high constable shall give ten days’ notice of the 
biennial elections of the borough by posting six advertisements in the 
most public places within the same. 

Section 4. It shall be unlawful for any high constable who is at 
the same time employed as a policeman in the borough, or any other 
part of the Commonwealth to charge or accept any compensation, 
in addition to the salary paid him as policeman, for any service 
rendered, either as a policeman or as high constable, except public 
rewards and the legal mileage allowed to constables for traveling ex- 
penses. 

Section 5. Any person violating the provisions of the preceding 
section shall be guilty of a misdemeanor and upon conviction shall 
be sentenced to pay a fine not exceeding fifty dollars and costs, or 
to undergo imprisonment in the jail of the county not exceeding 
thirty days, or both. 


91 


CHAPTER VII. 


GOVERNMENT. 





ARTICLE IV. 





AUDITORS. 


Section 1. The auditors of the borough shall meet on the first 
Tuesday of January, one thousand nine hundred and sixteen, and 
annually thereafter, and shall audit, adjust, and settle the accounts 
of the tax collectors, and all officers of the borough. Any officer 
whose aet or neglect contributes to the financial loss of any borough 
shall be surcharged with the amount of such loss. 


Section 2. All orders and vouchers which have been paid shall, 


on their presentation to the auditors, be cancelled by — the 
word “paid” on the face thereof. 

Section 3. The auditors shall complete such audit, eimnent 
and settlement as soon as possible, and shall within ten days there- 
after publish, by posting printed hand-bills in five public places in 
the borough, an itemized statement of the receipts and expenditures 
of the several officers for the preceding year; they shall also within 
such period of ten days, file a copy of the statement with the sec- 
retary of the borough, and also with the clerk of the court of quarter 
sessions of the county, which shall be at all times subject to public 


inspection. Whenever two'or more borough offices shall be exer- 


cised by the same person, only one statement shall be required. 

Section 4. It shall be lawful for the borough, or any tax payer 
thereof on its behalf, or any officer whose account is settled or 
audited, to appeal from the settlement or audit to the court of 
common pleas of the county within thirty days after the statement 
has been filed in the court of quarter sessions. - 

Section 5. No appeal by a taxpayer or officer shall be allowed 
unless the applicant shall enter into recognizance to prosecute 
the same with effect, and to pay all costs accruing thereon, in case, 
if the appellant be a tax payer, he shall fail to obtain a final decision 
more favorable to the borough than that awarded by the auditors; 





or, in case the appellant be an accounting officer, he shall fail to - 


obtain a final decision more favorable to the officer than that awarded 
by the auditors. 

Section 6. Whenever an appeal has been taken from the report 
of the auditors by the borough, or by any person charged in such 


report with any sum of money, any tax payer of the borough may ~ 


92 


: 
J 


: 


4 







intervene in sucle appeal and either prosecute the same on its behalf 
or defend it against the appeal of the person so charged. No tax 
payer shall intervene unless he shall file in the court of common 
pleas a bond with one or move sufficient sureties conditioned to in- 
_demnify the borough against all costs accruing by reason of such 
_ intervention. 

Section 7. Any peison interested may order the appeal upon the 
- argument list and evidence may be taken before any person author- 
- ized to administer oaths upon rule for that purpose served upon the 

opposite party. 

Section 8. Whenever any matter of fact is in Rite the court 
of common pleas is authorized to frame an issue for the trial thereof. 

Section 9. After hearing, the court shall file its findings of fact 
and law and enter judgment in accordance therewith, and the judg- 
ment so entered may be enforced by any appropriate proceedings 
by the party prevailing. 

Section 10. Any person interested may cent to the ruling of 
the court, and may appeal therefrom to the superior or supreme court 
as in other cases. 

Section 11. Whenever any person is charged with a sum of money 
by the report of the borough auditors, any tax payer of the bor- 
ough may enforce the collection thereof for the benefit of the bor- 
ough by action or execution, upon filing in the court of common 
pleas a bond with one or more sureties conditioned to indemnify 
the borough from all costs which may accrue in the proceedings 

undertaken by such tax payer. 

Section 12. The borough auditors, may employ an attorney in 
case of any disagreement with an official or board of officials whose 
accounts they are required to audit. Such attorney shall not be 
employed until reasonable effort has been made to reach an agree- 

- ment, and only after notice of such contemplated employment, has 
_ been given to such official or board. 

: Section 138. The compensation of such attorney shall be fixed 
_ by the auditors and shall not exceed the sum of ten dollars per day, 
- nor thirty dollars in any case in dispute, except whenever an appeal 
is taken as provided in the preceding sections of this article in which 
~ ease the court shall fix an additional compensation. 

Section 14. The compensation of such attorney, shall be paid 
out of the fund whose settlement is in dispute, by warrant drawn 
by the auditors upon the treasurer of such fund, immediately upon 

the final settlement of the account. 

Section 15. Each auditor shall receive two dollars per day for 
each day necessarily employed in the discharge of his duties, to be 
Spaid by the borough. 


acum alle oh 


93 


Section 16. In case of any neglect or refusal tf comply with the 
provisions of the preceding sections of this article, the auditors so 
neglecting or refusing shall pay a penalty of one hundred dollars, 
to be recovered in the same manner as debts. of like amount are re- 
coverable, by suit intsituted in the name of the borough, upon the 
complaint of any tax payer thereof. When so recovered the amount 
of the penalty shall be paid into the treasury of the boruogh. 





CHAPTER VII. 





GOVERNMENT. 





ARTICLE V. 





CONTROLLER. 


Section 1. The borough controller shall, before entering upon the 
duties of his office, take and subscribe the oath prescribed by section 
one, article seven, of the constitution of this Commonwealth; and 
shall give bond to the borough with two or more sureties or with a 
surety company, to be approved by the council, in such sum as they 
may by ordinance direct, conditioned for the faithful discharge of 

his duties. The cost of such bond shall be paid by the borough, ~ 
Section 2. The borough controller shall receive a fixed annual 
salary, to be fixed by ordinance, and not to exceed the sum of one 
thousand dollars per annum. 

Section 3. The borough controller shall superintend the fiscal con- 
cerns of the borough. He shall examine, audit, and settle all ac- 
counts, whatsoever, in which the borough is concerned either as 
debtor or creditor, where provision for the settlement thereof is 
made by law; and where no such provision, or an insufficient pro- 
vision, has been made, he shall examine such accounts, and report to 
the borough council the facts relating thereto, with his opinion 
thereon. | 

Section 4. The borough controller shall have supervision and 
control of the accounts of all departments, bureaus, and officers of 
the borough, authorized to collect, receive or disburse the public 
moneys, or who are charged with the management or custody thereof. 
He shall audit their respective accounts, and may at any time re- 
quire from any of them a statement in writing of any moneys or 


94 





property of the borough in their hands, or under their control; and 
he shall, immediately upon the discovery of any default, irregu- 
-Tarity, or delinquency, report the same to the borough council. He 
shall also audit and report upon the account of any such officer upon 
the death, resignation, removal, or expiration of the term, of the 
said officer. : 

Section 5. The borough controller may administer oaths or affir- 
mations in relation to any matter touching the authentication of any 
account with, or claim or demand against the borough, but shall not 
be entitled to receive any fee therefor. 

Section 6. The borough controller shall countersign all warrants 
upon the borough treasurer, the form thereof to be prescribed by 
council, but no warrant shall be countersigned unless there is money 
in the treasury to pay the same. Whenever a warrant on the treas- 
urer shall be presented to the controller to be countersigned the 
_ person presenting the same, shall, if the controller require, produce 
evidence :— 


1. That the amount expressed in the warrant is due to the per- 
son in whose favor it is drawn. 

2. That the supplies or service, for payment of which the war- 
rant is drawn, have been furnished or performed according to law 
and the terms of the contract. 


Section 7. The borough controller shall not permit any appropria- 
tion made by the council to be overdrawn. Whenever an appropria- 
tion is exhausted the object of which is not complete, he shall imme- 
diately report the fact to the council, and accompany such report 
with a statement of the moneys which have been drawn on such 
appropriation and the particular purpose for which they are drawn. 

Section 8. Every contract involving appropriation of money shall 
designate the item of appropriation on which it is founded, and the 
estimated amount of the expenditure thereunder shall be charged 
against such item, and so certified by the borough controller on 
the contract before it shall take effect as a contract, and the pay- 
ment required by such contract shall be made from the fund appro- 
priated therefor. If the controller shall certify any contract in excess 
of the appropriation made therefor, the borough shall not be liable 
for such excess, but the controller and his sureties shall be liable for 
the same, which may be recovered in an action at law by the contract- 
ing party aggreived. It shall be the duty of the controller to certify 
contracts for the payment of which sufficient appropriations have 
been made. 

Section 9. The borough controller shall, as often as he may deem 
expedient or the council shall direct, suggest plans to the council 
for the management and improvement of the borough finances; and 
he shall make a report, verified by oath or affirmation, to the council 


7TH 95 


at the first stated meeting in January in each year, of the public ac- 
counts of the borough and of the trusts in its care exhibiting all the 
expenditures thereof, respectively, the sources from which the revenue 
and funds are derived, and the manner in which the same have been 
disbursed. Each account'shall be accompanied by a detailed state- 
ment of the several appropriations made by councils, the amount 
drawn on each appropriation, and the balance standing to the debit 
_ or credit of such appropriation. The report shall be published, at the 
expense of the borough, once a week for two weeks, in a newspaper 
circulating generally in the borough. 

Section 10. The borough controller shall keep a regular set of 
books, in which shall be opened and kept as many accounts, under 
appropriate titles, as may be necessary to show separately and dis- 
tinctly all the estates and property, whatsoever, real and personal 
vested in the borough, all trusts in the care of the same, all debts 
due and owing the borough, all receipts and expenditures of the 
various departments of the borough government, and all appropria- 
tions made by council, and the sums under the same, respectively. 

Section 11. The foregoing provisions of this article shall not be- 
come operative or effective in any borough not having a controller, 
until the council shall by ordinance accept the provisions of this — 
article. 

Section 12. In all boroughs accepting the provisions of this article 
as provided in the preceding section, the borough auditors then in 
office shall continue to hold their office until the first day of January 
succeeding the election of a borough controller, after which date the 
office of borough auditor is abolished. 





CHAPTER VII. 





GOVERNMENT. 





ARTICLE VI. 





APPOINTED OFFICERS. 
(a) GENERAL PROVISIONS. 


Section 1. The appointed officers of the borough shall receive no 
compensation for their services in that capacity, except such as may 
be specially authorized by law, or fixed by ordinance. 


96 










Section 2. Any person appointed by the council to a borough 
office neglecting or refusing to take upon himself the duties of 
‘such office shall forfeit and pay, the sum of ten dollars, to be re- 
‘covered as other fines and forfeitures, for the use of the borough. 
Section 3. All officers appointed by the borough council shall, 
whenever directed, render their accounts to the council for settle 
ment. 

_ Section 4. Whenever an employe of any borough is required to 
- give bond endorsed by a surety company for the faithful performance 
of his duties, the borough may pay the premium thereon. 


(b) TREASURER. 


Section 5. The borough treasurer shall, before entering upon the 
duties of his office, give bond with surety as required by the bor- 
ough; he shall perform the duties of the township treasurer within 
the borough, shall keep a just account of all receipts and disburse- 
ments, and shall annually submit his account to the borough auditors 
and publish the same in a manner directed by the borough; he shall 
pay over all moneys remaining in his hands, and deliver all books, 
papers, accounts and other things belonging to the borough, to his 
successor. All moneys received by any officer for the use of the bor- 
ough shall be forthwith paid to the borough treasurer. 

Section 6. The borough treasurer shall receive such compensation 
as the council shall prescribe. | 


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(c) SECRETARY. 


_ Section 7. The secretary shall attend all meetings of the borough 
council and shall keep full minutes of their proceedings; he shall 
transcribe the by-laws, rules, regulations and ordinances adopted,” 
into a book kept for that purpose and, when signed by the presiding 
- officer, shall attest the same; he shall preserve the records and docu- 

ments of the borough, and ener have custody of the corporate seal. 

‘He shall certify copies of any book, paper, record, by- -law, rule, regu- 

ation, ordinance or proceeding of the borough under the seal thereof, 

which copies so certified shall be admitted in evidence in any court 
of the Commonwealth. He shall attest the execution of all instru- 

F ments, record the publication of all enactments and attest the same 
“by his signature. He shall file or record the proof of service of all 
é notices required by law and the certificate thereof shall be good evi- 

"dence of such notice. He shall deliver to his successor the seal and 
g books, papers and other things belonging to the borough. 


> owe eee 





97 





(d) STREET COMMISSIONERS. oe . 


Section 8. On the first Monday of January, or within thirty days 
thereafter, of each even numbered year, the borough council may 
appoint one or two persons as street commissioners, who shall serve - 
for a term of two years or until their successors shall qualify. | 

Section 9. Whenever two or more boroughs are consolidated under ~ 
the provisions of chapter two, article two, of this act, the street 
commissioners of each of such boroughs shall continue in office as 
officers of the new borough until the expiration of their respective 
terms of office. 

(e) SOLICITOR. 


‘Section 10. The borough council on the first Monday of January 
in any even numbered year, or as soon thereafter as practicable, may 
elect, by a vote of a majority of the members, one person, learned in 
the law, who shall be styled the borough solicitor, and who shall 
serve for the term of four years from the first Monday of January 
of the even numbered year in or succeeding which he was elected and 
until his successor qualified. The. council shall fix the compensa- 
tion which shall be allowed for such term. Vacancies in the office 
of borough solicitor shall be filled by the council for the unexpired 
term. 

Section 11. All borough solicitors holding office at the date of the 
approval of this act, whose terms of office expire at any time between 
the first Monday of January, one thousand nine hundred and four- 
teen, and the first Monday of January, one thousand nine hundred 
and sixteen, shall continue to hold their office until the first Monday 
of January, one thousand nine hundred and sixteen. Solicitors 
elected on the first Monday of January, one thousand nine hundred 
and fourteen shall hold their respective offices until the first Mon- 
day of January, one thousand nine hundred and eighteen. 7 

Section 12. The borough solicitor shall give a bond to the borough 
with two or more sureties, or one trust or bonding company, to be ap- 
proved by the council, in such sum as it shall by ordinance direct, 
conditioned for the faithful performance of his duty. 

Section 13. The law matters of the borough shall be under the 
superintendence, discretion and control of the borough solicitor, 
and no department of the borough, except as herein otherwise pro- 
vided, shall employ an additional counsel without the assent or rati- 
fication of the council. The borough solicitor shall have custody of — 
all patents, deeds, leases, mortgages, and other assurances of title, — 
and all contracts, bonds, books, and other evidences of debt, belong- — 
ing to the borough, unless the council shall otherwise provide. 

Section 14. The borough solicitor shall prepare such bonds, obli-— 
gations, contracts, leases, conveyances and assurances to which the 
borough or any department thereof may be a party, as may be directed ~ : 


98 





by ordinance or resolution; he shall commence and prosecute all 
actions brought by the borough for or on acount of any of the estates, 
rights, trusts, privileges, claims or demands as well as defend all ac- 


tions or suits against the borough or any officer thereof, wherein or 
whereby any of the estates, rights, privileges, trusts, ordinances or 


accounts of the borough or any department thereof, may be brought 


in question before any court in the Commonwealth; and shall do 
- every professional act, incident to the office, which he may be author- 


ized or required to do by the burgess or by any ordinance or resolu- 


tion. He shall, whenever required, furnish the council, the committees 


thereof, the burgess, or the heads of departments, with his opinion, 
in writing, upon any question of law which may be submitted by any 
of them in their official capacities. 


(f) POLICE. 


Section 15. Borough councils may appoint one or more suitable 
persons, citizens of this commonwealth, as borough policemen, who 


_ shall have the power to arrest persons violating any ordinance of the 


borough, the violation of which may subject persons to arrest. Any 
person so arrested shall be received for confinement by the keepers 
of the jails, lock-ups, or station houses, within the county. 

Section 16. The borough policemen shall, when on duty, wear a 
shield or badge with the words “borough police” and the name of 
the borough for which they are appointed inscribed thereon. 

Section 17. The borough police shall be under the direction of the 
burgess, as to the time during which, the place where, and the man- 
ner in which, they shall perform their duties. 

Section 18. The borough police shall receive a stated salary to be 
fixed by ordinance; and it shall be unlawful for any borough police- 
man to charge or accept any fee or other compensation, in addition 
to his salary, for any service performed, pertaining to his duties or 
office, except public rewards and legal mileage allowed for traveling 
expenses. 

Section 19. Any person violating the provisions of the preceding 
section shall be guilty of a misdemeanor and upon conviction shall 


- be sentenced to pay a fine not exceeding fifty dollars and costs, or un- 


dergo imprisonment not exceeding thirty days, or both. 
Section 20. Borough policemen, residing in the borough, may at 
the same time hold and exercise the office of constable in the borough 


or any ward thereof and may demand and receive all costs, fees, 


and emoluments pertaining to such office. 


Section 21. Borough policemen may perform all the duties of high 


= constable, but shall receive no compensation therefor. 


Section 22. Boroughs may by ordinance, establish a police pension 


‘ fund, to be maintained by an equal and proportionate monthly charge 


99 


against each member of the ‘police force not exceeding annually ; 
three per centum of the pay of such member. The fund shall be under 
the direction of the borough council or such committee as it may des- © 






ignate and shall be applied, under such regulations as the council — 
may by ordinance prescribe, for the benefit of such members of the — 
police force as shall receive honorable discharge therefrom by reason — 
of age or disability, and the families of such as may be injured or © 


killed in the service. Any allowances made to those who are retired 
by reason of disability or age shall be in conformity with a uniform 
seale. 

Section 23. The ordinance establishing the police ae fund may 
prescribe a minimum period of continuous service, not less than 
twenty years, after which members of the force may be retired from 
active duty. Borough policemen so retired shall be subject to service 
as police reserve until unfitted for such service, by reason of age or 
disability, when they may be finally discharged. 

Section 24. The basis of the apportionment of the pension shall 
be determined by the rate of monthly pay of the member at the date 
of death, honorable discharge, or retirement, and shall not in any case 
exceed in any year one-half the annual pay of such member computed 
at such monthly rate. 

Section 25. Payments made under the provisions of section twenty- 
two of this article, and the sections based thereon shall be a charge 


on no other fund in the treasury of the borough or under its control 


other than the police pension fund. 
Section 26. Boroughs may take by gift, grant, devise or bequest, 
any money or property, real, personal or mixed, in trust for the 


benefit of such police pension fund. The care, management, in-~ 


vestment, and disposal of such trust funds funds or property shall 
be vested in such officers as the borough shall by ordinance direct, 
and shall be governed by such officers, subject to any directions not 
inconsistent therewith as the donors of such funds and property may 
prescribe. 

Section 27. No person participating in such police pension fund 
and becoming entitled to receive a benefit therefrom shall be de- 


prived of his right to an equal and proportionate share therein upon — 


the basis upon which he first became entitled thereto, except for the 
following causes, that is to say: conviction of a crime or misdemeanor, 
becoming a habitual drunkard, becoming a non-resident of the Com- 
monwealth, or failing to comply with some general regulation relat- 
ing to the management of such fund which may be made by ordinance 
and which provides that a failure to comply therewith shall terminate 
the right to participate in the pension fund after such notice and 
hearing as it shall prescribe. 


100 


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GOVERNMENT. 


ARTICLE VII. 





BUREAU OF MINE INSPECTION AND SURFACE SUPPORT. 


Section 1. Boroughs within the limits of the anthracite region of 
the Commonwealth may by ordinance, create a bureau of mine in- 
spection and surface support. 

Section 2. The bureau shall consist of one practical mining en- 
gineer, to be appointed by the burgess with consent of the council, 
and such assistants, clerks and employees as the council may provide. 
The officers and employees of the bureau shall receive such compensa- 
tion as may be prescribed by council. 

Section 3. Members of the bureau may enter, inspect, examine and 
survey any mine or colliery within the limits of the borough, at all 
reasonable times, either by day or night, but not so as to impede nor 
obstruct the workings of the mine or colliery; and may take with 
them such other persons as may be necessary for the purpose of mak- 
ing an examination or survey. The owner, operator, or superintend- 
ent of such mine or colliery shall furnish the means necessary for 
such entry, inspection, examination, survey and exit. 

Section 4. The owner, operator, or superintendent of every coal 
mine or colliery, within three months after the passage of an ordi- 
nance by any borough creating such bureau, shall make or cause to 
be made and furnished to such bureau, an accurate map or plan of 
the workings or excavations of such coal mine or colliery, on a scale 
of one hundred feet to the inch. The map or plan shall exhibit the 
workings or excavations in every seam of coal on a sparate sheet, 
and the tunnels and passages connecting with such workings or 
excavations. It shall show in degrees the general inclination of the 
strata, with any material deflection therein in the workings or exca- 
vations, and shall also show the tidal elevations of the bottom of 
every shaft, slope, tunnel, and gangway, and of any other point in the 
mine or on the surface where such elevation shall be deemed necessary 
by the bureau. The map or plan shall show the number of the last 
survey station, and date of each survey on the gangways or the most 
advanced workings. 

Section 5. Every mine owner, operator, or superintendent shall 
place or cause to be placed upon the mapt of the bureau, at least once 
in every three months, all the extensions made in any mine within 


101 


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the limits of such boicagia during the three preceding months, exeet 
those*made: Within: : thixty’ days immediately preceding the time of 
placing such extensions upon the said map. 

Section 6. It shall be unlawful for any person, co-partnership, as- 
sociation, or corporation to dig, mine, remove, or carry away the coal, 
rock, earth, or other minerals or materials forming the natural sup- 
port of the surface, beneath the public highways, streets, alleys, 
courts, and places "of any poronst in the anthracite region to such 
an extent and in such a manner as to thereby remove the necessary 
support of the surface, without having first placed or constructed 
an artificial permanent support sufficient to uphold and preserve the 
Stability of the surfaces of such public highways, streets, «alleys, 
courts, and places. 

Section 7. Any person, being the general manager, superintendent, 
or person in charge of the work of any corporation, co-partnership, 
or association, violating any of the provisions of this article shall be 
guilty of a misdemeanor, and upon conviction before a justice of the 
peace of the borough shall be sentenced, for such offense, to pay a fine 
not exceeding one thousand dollars or to undergo imprisonment in the 
county jail for a period not exceeding ninety days, or both. All fines 
imposed under this section shall be paid into the treasury of the 
borough. 

Section 8. Borough councils may enact such ordinances as may 
be necessary for the enforcement of the provisions of this article. 





CHAPTER VIII. 





ELECTIONS—VACANCIES IN OFFICE. 


ARTICLE I. 





NUMBER, TERM AND TIME OF ELECTION OF OFFICERS. 


Section 1. Electors of the borough only shall be eligible to elective 
borough offices. 

Section 2. Elections for borough officers shall be at the time and 
place designated by law for the holding of municipal elections. 

Section 3. Certificates of election of all borough officers shall be 
filed among the records of the borough. 


102 


ae 


L 


Section 4. Versons elected to borough offices shall serve until their 
successors are elected and qualified. 

Section 5. It shall be lawful for the electors of the borough to 
elect: 

1. In boroughs not divided into wards, seven councilmen, a bur- 
gess, high constable, and three auditors or a controller. 

2. In boroughs divided into wards, at least one and not more than 
three councilmen in each ward, to be residents of the ward from which 
they are elected, and chosen by the electors of the ward; also a bur- 
gess, a high constable, and three auditors or a controller, who shall 
be chosen by the electors of the borough at large. 

Section 6. At the municipal election to be held in the year one 
thousand nine hundred and fifteen, there shall be elected in each bor- 
ough, a sufficient number of councilmen to equal one-half of the entire 
number of which such council is legally composed, to serve for a term 
of four years from the first Monday of January next succeeding, and 
where such entire number is seven, nine or eleven, then sufficient to 
constitute three, four or five, as the case may be. The aforesaid coun- 
cilmen to be elected in the year one thousand nine hundred and fifteen, 
being successors to those elected in the years one thousand nine 
hundred and eleven, and one thousand nine hundred and thirteen, 
whose terms as heretofore provided by law expire on the first Monday 
of January, one thousand nine hundred and sixteen. All councilmen 
whose terms expire on the first Monday of January, one thousand 
nine hundred and eighteen, shall continue to hold their office until 
the first Monday of January, one thousand nine hundred and eigh- 
teen, aS now provided, and their successors shall be elected at the 
municipal election in the year one thousand nine hundred and seven- 
teen, to serve for a term of four years from the first Monday of Janu- 
ary next succeeding. Biennially thereafter, at the municipal election, 
a sufficient number of councilmen shall be elected for a term of four 
years, from the first Monday of January next succeeding to fill the 
places of those whose terms, under the provisions of this act, shall 
expire on the first Monday of January next following such election. 

Section 7. Whenever the court of quarter sessions shall divide 
any borough into wards, erect two or more wards or parts of two or 
more wards into one ward, or divide.a ward already erected into 
two or more wards, as provided in chapter three, article three, 
of this act, and when the report in such case is confirmed by the 
court, it shall at the same time decree the election of an equal number 
of councilmen in each of the wards, in such manner as not to interfere 
with the terms of those theretofore elected. In decreeing such elec- 


tion, when the entire number of council shall be composed of an even 


number, the decree shall be so made that one-half of the entire num- 
ber shall thereafter be elected at each municipal election. When the 


103 


entire number of council shall be an odd number, the court 
shall divide such council into two classes, and shall make 
its decree so that one-half of the entire number of councilmen, less 
one, shall, as soon as possible, take their office in a year divisible by 
four and the remaining number of councilmen shall take their office 
in an even numbered year not divisible by four. The apportionment 
shall be so made by the court that there shall be equal or as nearly 
equal as possible, representation by wards in each class. Biennially 
thereafter at each municipal election a sufficient number of council- 
men shall be elected, for the term of four years from the first Monday 
of January next succeeding, to fill the places of those whose terms 
shall expire on the first Monday of January next following such 
election. 

Section 8. Whenever two or more boroughs are consolidated as 
provided in chapter two, article two, of this act the members of 
the council of each of such boroughs shall be members of the council 
of the new borough from the wards in which they respectively reside, 
and shall hold their office until the expiration of their terms. 

In consolidated boroughs divided into wards, the number of coun- 
cilmen in each ward shall be three. 

At the first municipal election next succeeding such consolidation, 
the qualified electors of such borough shall elect a sufficient number 
of councilmen to equal one-half of the entire number of which such 
council is legally composed, to serve for a term of four years from the 
first Monday of January next succeeding their election, and where 
such entire number is seven, nine or eleven, and where the year in 
which such officers shall take office is divisible by four, then sufficient 
to constitute three, four or five as the case may be; and where such 
year is an even numbered year not divisible by four, then sufficient to 
constitute four, five, or six. At the second municipal eleetion suc- 
ceeding such consolidation the remaining number of councilmen to 
which such consolidated borough is entitled shall be elected to serve 
for a term of four years from the first Monday of January next suc- 
ceeding. Im consolidated boroughs divided into wards the council 
shall by lot, prior to the first municipal election succeeding such con- 
solidation, apportion the councilmen to be elected as above provided, 
so that there shall be equal, or as nearly equal as possible, represen- 
tation by wards. Biennially thereafter at each municipal election 
a sufficient number of councilmen shall be elected to serve for a term 
of four years from the first Monday of January next succeeding to 
fill the places of those whose term shall expire on the first Monday of 
January next following such election. | 

Section 9. The purpose of the three sections immediately preceding 
is that, as nearly as possible, one-half of the councilmen of every bor- 
ough shall be elected at each municipal election to serve for a term 
of four years from the first Monday of January next succeeding. 


104 


ay a 







‘Section 10. Whenever, upon the division of any borough into wards 
4 the creation of a new ward or wards, the number of councilmen 
cannot be equally divided among the wards of the borough, it shall 
be lawful for the court in decreeing such division or creation, to in- 
crease the number of council to and not exceeding such number as 
will enable the court to make an equal apportionment of the same 
among the several wards of such borough. 

Section 11. The court of quarter sessions having fixed the number 
of councilmen, as provided in section seven of this article, may, upon 
a petition of citizens of the borough, increase the same, to any num- 

ber not exceeding three for each ward. 

Section 12. Whenever the electors of any borough divided into 

wards are authorized by this act or by a decree of court. to.elect three 
members of council from each ward, the court of quarter sessions may 

upon the petition of twenty citizens of such borough and after notice 
to the council, decrease the number of the council to be elected in 
each of such wards to two. 

At each municipal election thereafter the electors of each Pe 
shall elect one councilman to hold office for a term of four years from 
the first Monday of January next succeeding his election. 

Section 13. Whenever the court of quarter sessions shall divide 
any borough into wards, it shall appoint for each ward such judges 
and inspectors of election to hold the first election after such division, 
as are by law required. 

Section 14. Electors of every borough, shall, at the municipal 
election in the year one thousand nine hundred and seventeen, and 
every four years thereafter, elect one person as burgess, who shall 
hold office for a term of four years from the first Monday of January 
next succeeding his election. 

Section 15. Whenever two or more boroughs are consolidated 
under the provisions of chapter two, article two, the burgess of the 
borough which shall have been first incorporated shall be the burgess 
of the consolidated borough, to serve until the expiration of his term. 

_ The burgess of the other borough shall become a member of the coun- 
 eil of such consolidated borough from the ward in which he resides 
and shall continue a member thereof until the expiration of his term. 
_ At the first municipal election for the election of burgesses in bor- 
- oughs and quadriennially thereafter, a burgess shall be elected in such 
- consolidated borough for a term of four years from the first Monday 
of January next succeeding such election. 
Section 16. The electors of every borough shall, at the municipal 
election in the year one thousand nine hundred and fifteen, and every 
_ fourth year thereafter, elect one person as high constable, to serve 
1 for a term of four years from the first Monday of January next fol- 
a Beene. 





Section 17. The qualified electors in boroughs, not accepting the 
provisions of chapter seven, article five, of this act, shall elect, 
at the municipal election in the year one thousand nine hundred and 
fifteen, one auditor, and in the year one thousand nine hundred and 
seventeen, two auditors, to serve for a term of four years from the 
first Monday of January next succeeding their election. Biennially 
thereafter one or two auditors, as the case may be, shall be elected 
for a term of four years to fill the places of those whose terms shall 
expire on the first Monday of January next following such election. 

Section 18. The terms of office of all borough treasurers and 
street commissioners elected by the voters at large of any borough is 
fixed at four years from the first Monday of January next succeeding 
their election. 

Section 19. The qualified electors in every borough accepting the 
provisions of chapter seven, article five, of this act shall, at the 
municipal election in the year one thousand nine hundred and 
seventeen and every four years thereafter elect, as borough controller, 
one person who shall be a competent accountant and an elec- 
tor of the borough for at least four years prior to his election. The 
person so chosen shall serve for a term of four years from the first 
Monday of January next succeeding his election. 

Section 20. Whenever, in boroughs hereafter incorporated from 
« township as provided in chapter two, article one, in boroughs 
hereafter formed by the division of a borough as provided in chapter 
two, article four, or in boroughs hereafter created by the detach- 
ment of territory as provided in chapter two, article four, section 
six, a special election is ordered by the court for the election of 
borough officers, the officers so elected shall hold their office until 
the first Monday of January next succeeding the municipal election 
at which such officers are elected as provided in sections six, seven, 
eight, fourteen, sixteen and nineteen of this article, and thereafter 
such officers shall be so elected that the time of their election, and 
in the case of councilmen and auditors, the number to be elected at 
any municipal election, shall coincide with the time and number 
elected at such municipal elections by boroughs incorporated prior 
to the passage of this act. 

Section 21. Any person receiving notice of his election as burgess, 
high constable, or a member of council refusing or neglecting to 
take upon himself the execution of such office, or any person having 
taken upon himself such duties, neglecting to discharge the same 
according to law, shall forfeit and pay the sum of twenty dollars 
to be recovered before any justice of the peace in the same manner 
as debts are recoverable. Any penalty so recovered shall be forth- 
with paid to the treasurer of the borough. 


106 





CHAPTER VITLI. 





ELECTIONS—VACANCIES IN OFFICE. 


ARTICLE IT. 





FILLING OF VACANCIES. 


Section 1. The court of quarter sessions may, on petition of bor- 


ough council, fill vacancies occurring in any borough office, until the 


municipal election next following. Whenever a vacancy is filled by 


_ the court, as provided in this section, the electors of the borough shall, 
at the mumicipal election next succeeding such appointment, elect 
a sufficient number of persons to fill such vacancies for the -unex- 


pired term. 

Section 2. The court of quarter sessions may fill vacancies in bor- 
ough councils, by the appointment of electors who voted for the person 
last holding the office in which the vacancy occurs. Any person so ap- 
pointed shall hold office for the unexpired term. 

Section 5. Whenever any vacancy occurs in borough councils from 
a failure to elect, or whenever two or more vacancies occur in borough 
councils for any cause, the court of quarter sessions may order an 
election to fill the same, at such time and upon such notice as the 


court may prescribe. The persons so elected shall hold their office 


until the first Monday of January next succeeding the municipal 
election at which such offices are regularly filled. 
Section 4. The borough council may fill any vacancy in their body 


until the municipal election next following, at which election a suffi- 


cient number of persons shall be chosen to fill such vacancies for the 


| unexpired term. The voters shall designate on their ballots that 
the persons thereon named are voted for to fill an unexpired term. 


Section 5. The court of quarter sessions may on petition of coun- 


cil, or of any resident of the borough, fill any vacancy occurring in 
_ the office of burgess. Any person so appointed shall hold office for 


the unexpired term. 
Section 6. The court of quarter sessions may fill any vacancy oc- 


curring in the office of high constable or of borough auditor. Any 
_ person so appointed shall hold office for the unexpired term. 


Section 7. The court of quarter sessions shall fill any vacancy oc- 


- curring in the office of borough controller, and the person so appointed 
shall serve until the first Monday of January succeeding the munici- 
pal election occurring two months after the happening of such 


>: 
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i 


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_ pired term. 


vacancy, at which election a successor shall be elected for the unex- 


107 


CHAPTER IX. 








PARKS—SHADE TREES—FORESTS. 





ARTICLE I. 


PARKS AND PLAYGROUNDS. 


Section 1. Boroughs may improve, maintain and regulate public 
parks, parkways and playgrounds within the borough limits. 

‘Section 2. Boroughs may enter upon, appropriate and acquire by 
gift, devise, purchase, lease, or otherwise, private property for the 
purpose of making, enlarging and maintaining public parks, park- 
ways, and playgrounds. ‘The provisions of this section shall not 
authorize the appropriation of private property outside the borough 
limits. 

Section 3. No appropriation, purchase or lease shall be made, 
pursuant to the preceding section, whereby any borough shall, within 
any period of three years, obligate itself to pay in the aggregate any 
sum exceeding one and one-half mills on the dollar, on the assessed 
valuation of all property, offices, professions and persons in the bor- 
ough upon which county taxes are rated and levied, without the con- 
sent of a majority of the electors obtained as hereinafter provided. 

Section 4.° Whenever any borough shall, by ordinance, provide for 
the appropriation, purchase or leasing of private property for the 
purposes aforesaid, and the value of such property or the rental there- 
of, shall alone, or when added to the amount of liability incurred for 
any of the purposes aforesaid within the preceding three years, 
exceed one and one-half mills on the dollar of valuation as provided 
in the preceding section, the council shall cause the question of such 
appropriation, purchase or leasing, to be submitted to the electors of 
the borough at the municipal or general election next occurring 
after the expiration of forty days from the date of such ordinance. 

Section 5. The council shall give notice of the proposed submis- 
sion of such question by weekly advertisements in not more than three 
newspapers published in the borough for a period of four weeks im- 
mediately preceding the day of election, and if no newspaper be pub- 
lished therein, by twenty printed handbills posted in conspicuous 
places, at least twenty-one days prior. to such election. 

Section 6. For the purpose of having such question appear upon 
the ballot, the council shall certify the question to the county com- 
missioners, at least twenty-one days before the day of the election. 
The question may be stated substantially as follows :— 


108 





“Shall the borough of.......... acquire by purchase or condemna- 
tion, or both, at a price not exceeding .......... dollars (or by lease 
for not more than ............ years, at an annual rental of not more 
MTR ots eee... dollars), property for the purpose of making (or of 
enlarging) public parks, parkways and playgrounds, within the lo- 
cality bounded by ............. ¢ 

The council may at their discretion, omit the designation of the 
locality. 


Section 7. The result of the vote on such question shall be ascer- 
tained and certified in the same manner as the vote on the election 
of officers named on the same ballots. No such question determined 
negatively by the voters shall be again submitted until one munici- 
pal or general election shall intervene. 

Section §. The appropriation of private property for the purpose 
of making, enlarging and maintaining public parks, parkways and 
playgrounds, is declared to be the taking of private property for 
public use; and for all damage suffered by the owners of any property 
so taken, the funds of the borough, raised by taxation, shall be pledged 
as security. 

Section 9. Whenever compensation for the damages arising from 
such appropriation cannot be agreed upon, the borough may tender 
its bond as security to the party claiming or entitled to any damages, 
to the attorney or agent of any person absent, to the agent or other 
officer of a corporation or to the guardian or committee of any person 
under legal incapacity, the condition of which shall be, that the 
borough shall cause to be paid such amount of damages as the party 
shall be entitled to receive, after the same have been agreed upon or 
assessed. 

Section 10. Whenever any party claiming damages for property 
taken under the provisions of the preceding sections of this article, 
refuses or neglects to accept the security so tendered, the borough 
may, upon ten days’ written notice, given to the party, his agent, 
attorney, guardian, or committee, present its bond to the court of 
common pleas. If approved the bond shall be filed for the benefit of 
those interested, and recovery may be had thereon for the amount of 
damages ascertained or finally determined, if the same be not paid, 
by an execution on the judgment in the issue formed to try the ques- 
tion. Upon the approval of such security the borough may enter into 
possession, hold and use such land for such purposes forever. 

Section 11. Whenever any borough appropriates private property 


_-_under the provisions of this article, and is unable to agree with the 





owners or lessees for the amount of compensation, or whenever by 
reason of the absence or legal incapacity of any owner or lessee no 
such compensation can be agreed upon, the courts of common pleas, 
or any law judge thereof in vacation, on application thereto by the 


109 


borough or any person interested, shall appoint three freeholders as 
viewers and shall designate a time, not less than twenty nor more 
than thirty days thereafter, when the viewers shall meet upon the 
property and view the same. 

Section 12. The viewers shall give ten days notice of the time and 
place of their first meeting to the owners of the property, their agents, 
attorneys or representatives, by writing served, if they reside within 
the county, in the same manner as the service of summons in personal 
actions; otherwise by handbills posted upon the premises or by such 
other notice as the court may prescribe. 

Section 18. The proceedings before the viewers for the assessment 
of damages, and the proceedings upon their report shall be as pro- 
vided in chapter six, article two, of this act. 

Section 14. The final confirmation of the report of viewers shall 
operate as a judgment against the borough in favor of the party to 
whom damages have been awarded by the report, or by so much 
of the report as is confirmed. Interest is allowed on such judgment 
from the date of filing the report. 

Section 15. Whenever any borough repeals any ordinance or dis- 
continues any proceeding taken, providing for thé appropriation 
of property under this article, prior to the entry upon or injury to 
such property and within thirty days after the filing of the report 
of viewers assessing damages, the borough shall not thereafter be 
liable to pay any damages which have been or might have been as- 
sessed; but the costs upon any proceeding had thereon, shall be paid 
by the borough together with the actual damage sustained by reason 
of such proceedings. / 

Section 16. Whenever, prior to the first day of June, one thousand 
nine hundred and eleven, any borough acquired land outside its cor- 
porate limits for park purposes, such borough may own and possess 
such land for park purposes, and, is authorized to lay out and main- 
tain the same, and to appropriate money to defray expenses incident 
to such work. 

Section 17. Every borough shall have a general plan of its parks 
and playgrounds, which plan shall be filed in the office of the en- 
gineer or other proper officer of the borough. All subdivisions of 
property thereafter made shall conform thereto. The location of 
parks and playgrounds laid out and confirmed by the borough council 
shall not afterwards be altered without the consent of the council; 
and no map or plot of parks or playgrounds shall be entered or re- 
corded in any public office of the county until approved by the borough 
council. , 3 

Section 18. No person shall recover any damages for the taking, 
for public use, of any buildings or improvements of any kind placed 
or constructed upon or within the lines of any located park or play- 
ground, after the same has been located by the borough council. 


110 





ae ee ee 


CHAPTER IX. 





PARKS—SHADE TREES—FORESTS. 





ARTICLE II. 





SHADE TREES. 





(a) ESTABLISHMENT OF SHADE TREE COMMISSION. 

Section 1. Boroughs may establish a commision to be known as the 
shade tree commission of such borough. 

Section 2. The commission shall be composed of three free-holders 
of the borough, who shall be appointed by the burgess and shall serve 
without compensation. By 

Whenever a shade tree commision is established by any borough, 
the burgess shall appoint three free-holders, one for a term of three 
years, one for a term of four years, and one for a term of five years. 

On the expiration of the term of any commissioner, a successor 
shall be appointed by the burgess to serve for a term of five years. 

Vacancies in the office of commissioner shall be filled by the bur- 
gess for the unexpired term. 

Section 3. Whenever in any borough there exists a commission for 
the care of public parks, the council may by ordinance accept the 
provisions of this article, so far as it relates to the subject of the 
shade tree commission, and thereafter the park commission shall have 
all the powers and be subject to all the duties prescribed by this 
article for the shade tree commission. 

Section 4. The commission shall have exclusive custody and con- 
trol of the shade trees in the borough and is authorized to plant, re- 
move, maintain and protect shade trees on the public highways in the 
borough. 

Section 5. The commission may employ and pay such superinten- 
dents, engineers, foresters, tree-wardens, or other assistants as the 
proper performance of the duties devolving upon it shall require; 
and may make, publish and enforce regulations for the care and pro- 
tection of the shade trees of the borough. No such regulation shall 
be in force until it has been approved by the council, and until it has 
been published at least twice in one or two newspapers of the bor- 
ough. 

Section 6. The shade tree commission shall annually report in full, 
to the burgess, its transactions and expenses for the last fiscal year of 


the borough. The park commission, in boroughs accepting this ar- 


ticle, may incorporate such transactions and expenses in its regular 
report to council. 


8 111 






Section 7. Whenever any shade tree commission or park commis- 
sion in boroughs accepting this article, proposes to plant, transplant 
or remove shade trees on any highway, notice of the time and place 
of the meeting at which such work is to be considered, shall be given 
in one or more newspapers published in the borough once a week for 
two weeks immediately preceding the time of the meeting. The notice © 
shall specify in detail the highways or portions thereof upon which — 
trees are proposed to be so planted, re-planted or removed. | 

Section 8. The cost of planting, transplanting or removing any 
shade trees in the highways of the borough, of the necessary and 
suitable guards, curbing or grating for the protection thereof, and 
of the replacing of any pavement or sidewalk necessarily disturbed 
in the execution of such work, shall be paid by the owner of the real 
estate in front of whose property the work is done. 





The amount each free-holder is to pay shall be ascertained and 
certified by the commission to council and to the borough treas- 
urer. : 


Section 9. Upon the filing of the certificate with the council, the 
secretary of the borough shall cause thirty days’ written notice to 
be given to the persons against whose property an assessment has been 
made. The notice shall state the amount of the assessment and the 
time and place of payment and shall be acon with a copy of 
the certificate. 


The amount assessed against the real estate shall be a lien from 
the time of the filing of the certificate with the council, and if not paid 
within the time designated in the notice a claim may be filed and col- 
lected by the borough solicitor in the same manner as municipal 
claims are filed and collected. 


Section 10. The cost and expenses of caring for such trees after 
having been planted and the expense of publishing the notice provided 
in the preceding section shall be paid by the borough. 


The needed amount shall each year be certified by the commis- 
sioners to the borough council and shall be drawn against, as required 
by the commission, in the same manner as money appropriated for 
borough purposes. 

The borough council instead of levying the tax authorized by the 
general taxation act of one thousand nine hundred and fifteen, may 
provide for the expense of caring for trees already planted and of 
publishing the notice required by the preceding section by appro- 
priations equal to the amount certified to be required by the com- 
mission. 


112 







oe ee 


a2. ot 
sr we 


Section 11.. The commission may assess penalties for the violation 
of its regulations and of this article so far as it relates to shade trees. 
_ Any penalty so assessed shall be a lien upon the real estate of the 


offender, and may be collected as municipal claims are collected. 
Section 12. All penalties, or assessments imposed under this article 
shall be paid to the borough treasurer, to be placed to the credit of 


the commission subject to be drawn upon by the commission for the 


purposes of the preceding sections of this article. 


(b) POWER OF BOROUGHS WITH REGARD TO SHADE TREES. 


- Section 13. Boroughs may by ordinance, upon the petition of a ma- 
jority of the property owners upon any public street thereof, re 
quire the planting and re-planting of suitable shade trees along and 
upon the sides of such streets, upon such alignment and at such points 
as may be by such ordinance designated, by the owners of property 
abutting the street at the points designated. This section does not 
authorize boroughs to require the planting or re-planting of trees 
at any point which may interfere with the necessary or reasonable 
use of any street or abutting property or unreasonably interfere with 
any business conducted thereon. 2 | 

Section 14. On failure of any owner, after reasonable notice, to 
comply with the terms of any such ordinance, the borough may cause 
such trees to be planted or re-planted at the expense of the borough, 
and thereupon, in the name of the borough, collect the cost of such 
work, from the owners in default, as debts of like amount are by law 
collectible. 





CHAPTER IX. 





PARKS—SHADE TREES—FORESTS. 





ARTICLE III. 





FORESTS. 


— 


| Section 1. Boroughs may acquire by purchase, gift or lease, and 
hold tracts of land covered with forest or tree growth or suitable for 
-the growth of trees and administer the same, under the direction of 
the commissioner of forestry, in accordance with the practices and 


113 


principles of scientific forestry, for the benefit of the borough. Such 
tracts may be of any size suitable for the purpose, and may be located 
within or without the borough limits. 

Section 2. Before the passage of any ordinance for the acquisition 
of land to be used as municipal forests, the burgess shall submit to 
the commissioner of forestry, and secure his approval of, the area and 
location of such land. 

Section 3. Whenever the council of any borough deems it expedient 
to acquire any lands for the purposes of municipal forests, it shall 
so declare in an ordinance, wherein shall be set forth all facts and 
conditions relating to the proposed action; which proposed ordi- 
nances, shall be advertised once a week for three weeks, prior to its 
passage. 

Section 4. All money necessary for the purchase of such tracts 
shall be appropriated in the same manner as appropriations for 
borough purposes; and such funds may be provided from the current 
revenue, or by the proceeds of a sale of bonds in accordance with 
existing law. 

Section 5. Upon the acquisition of any municipal forests or lands 


suitable for such, the council shall notify the commissioner of forestry 


who shall make such rules for the government and proper adminis- 
tration of the same as may be necessary, and the council shall publish 
such rules, declare the uses of the forest in accordance with the intent 
of this article, and make such provision for its administration, main- 
tenance, protection and development as shall be necessary or expedi- 
ent. The rules governing the administration of such forests shall 
have for their main purpose the producing of a continuing borough 
revenue by the sale of forest products. 

Section 6. All moneys necessary to be expended for the adminis- 
tration, maintenance, protection and development of such forests 
shall be appropriated and applied as is now done for borough pur- 
poses; all revenue and emoluments arising from such forests shall be 
paid into the borough treasury to be used for general borough pur- 
_ ~poses. 

Section 7. Municipal forests may be used by the public as general 
outing or recreation grounds subject to the rules governing their ad- 
ministration as municipal forests. 


Section 8. Whenever the council of any borough deems it expedient . 


to alienate any municipal forest or part thereof, it shall so declare in 
an ordinance wherein shall be set forth all the facts and conditions 
relating to the proposed action; which proposed ordinance shall be 
advertised once a week for three weeks prior to its passage. No 
ordinance shall be effective in legalizing such alienation until it 


has been approved by a majority vote of the people,at the next ensuing 


election. : 
1 


114 


——€—< 





Lae et 


CHAPTER X. 





LIBRARIES. 


ARTICLE I. 


Section 1. A borough council may submit to the qualified electors 
of such borough, at any municipal election, the question of the estab- 
lishment and maintenance of a public library, and must submit such 
question, if petitioned for by three per centum of the voters registered 
at the last general election. At such election the question of estab- 
lishing an annual tax, not exceeding two mills on the dollar on all 
taxable property in the borough, shall be submitted and voted upon. 

Section 2. The rate of tax so voted shall be an annual tax rate 
until another vote is taken changing the same. The tax shall be 
levied and collected in like manner as other taxes in the borough, and 
shall be in addition to all other taxes, and shall be used for no pur- 
pose other than that of establishing and maintaining a public library. 
The money so raised shall be under the exclusive control of a board of 
library directors appointed as hereinafter provided. 

Section 3. If five per centum of the registered electors of any 
borough shall petition council to submit the question of creating 
a bonded indebtedness, for purchasing ground and erecting buildings 


for library purposes, the council must submit such question at the 


next general election. 

Section 4. Boroughs may, by ordinance or resolution, purchase, 
enter upon and appropriate private property within the limits of 
such borough, for the purpose of establishing or enlarging public 
libraries. : 

Section 5. Whenever any borough shall appropriate private prop- 
erty for public library purposes, and the borough cannot agree with 
the owner thereof for the price to be paid therefor, or when by reason 
of the absence or legal incapacity of any such owner no such com- 
pensation can be agreed upon, the court of common pleas, or any 
judge thereof in vacation, on application thereto, by petition, by the 
borough council or any person interested, shall appoint three citi- 
ens of the county as viewers, and shall appoint a time, not less than 
twenty nor more than sixty days thereafter, when the viewers shall 
meet upon the premises and view the same, of which time and place 
ten days’ notice shall be given by the petitioner to the viewers and all 


parties interested, by personal service, when such service can be ob- 


tained, otherwise by public notice in one or more newspapers, or by 
handbills posted on the premises, or in such other manner as the 
court may direct. 


115 


Section 6. The proceedings before the viewers for the allowance of 
damages, for property taken, injured or destroyed, and the proceedings 
upon their report, shall be as provided in chapter six, article two, of 
this act. The costs incurred in such proceedings shall be paid by the 
borough. 

Section 7. The affairs of public libraries in boroughs, shall be 
under the control of a board of library directors, to be composed of 
not less than five nor more than nine persons, as may be determined by 
council. The superintendent of schools of the borough shall be 
an ex-officio member of the board. The directors shall be appointed 
and vacancies filled by the burgess and confirmed by council. The 
first appointees shall be appointed one-third for one year, one-third 
for two years and one-third for three years, and all appointments 
to fill the places of those whose terms expire, shall be for a term of 
three years. Vacancies in the board of directors shall be filled for 
the unexpired term. 

Section 8 The board of library directors shall organize by the 
election of a president and treasurer from its membership, and such 
other officers and agents as the board may deem necessary. The treas- 
urer shall give bond in an amount to be fixed by the board. 

Section 9. Every such library shall be free to the use of the resi- 
dents of the borough, subject to such reasonable rules and regulations 
as the board of library directors may adopt, and the board may ex- 
clude, from the use of a library, any person who shall wilfully vio- 
late such rules. The board may extend the privileges of such library 
to persons residing outside the limits of such borough, upon such 
terms and conditions as the board may prescribe. . 

Section 10. The board shall make an annual report to the council 
of the borough covering the fiscal year of such borough, stating the 
condition of the library and of any branch thereof; the amount of 
money received from the library tax and from other sources, and how 
such moneys have been expended and for what purposes; the number 
of books and periodicals on hand, and the number added by pur- 
chase, gift or otherwise during the year; the number of registered 
readers, the number of books loaned owt, and the general character 
and kind of such books; with such information and estesbiesrs: as 
may be of general juteresti 

Section 11. Boroughs may pass ordinances, imposing dditable 
penalties, for the punishment of persons committing injury to li- 
braries, or to the grounds or property thereof, or for failing to return, 
at the time and in the manner specified in the rules of the library, any 
books belonging to the same. 


Section 12. Any person desiring to make donations. of books, money, 


personal property or real estate for the benefit of such library, may 
vest the title thereto in the board of library directors, to be held and 


116 








ontrolled by such board, according to the terms of the deed, gift, 
de vise or bequest, and as to such property the board shall be held to 
be trustees. 
4 ‘Section 13. The provisions of sections one, two, three, seven, 
‘eight, nine, ten, eleven and twelve of this article shall not apply- 
to ae borough wherein a free library was established prior to the 
"seventeenth day of June, one thousand nine hundred and one, and 
= in existence at the time the provisions of such sections are sought 
: ay be invoked. 
Section 14. Boroughs are authorized to ant with the managers 
or owners of any existing non-sectarian public library, for a fixed 
sum of money, to be paid annually, at such periods as may be agreed 
upon, for the free use of such library by the residents of such bor- 
oughs. No such contract shall be entered into for a longer period 
than three years. 
Section 15. The councils may appropriate annually, from the taxes 


J 


levied and collected for borough purposes, an amount not to exceed 
; one mill on the dollar on all taxable property in such boroughs, for 
the purposes specified in the preceding section. 

: Section 16. Boroughs may make appropriations, not to exceed.one 
‘mill on the dollar on all taxable property, to aid in the establishment 
and maintenance of free public libraries, for the use of the residents 
of such boroughs, upon the condition that the borough shall be repre- 
sented in the management of such library. 

_ Section 17. All taxes on dogs, levied and collected under this act 
for borough purposes, may be appropriated for the support and main- 
tenance of public libraries. All library companies, to which such an 
appropriation is made, shall maintain a free reading room for the 
use of all the inhabitants of such boroughs. 





CHAPTER XI. 





: 
j 


s 
Br 
5 


BURIAL GROUNDS. 





ARTICLE I. 


_ Section 1. Boroughs may prohibit within their limits, or within 
any described territory within such limits, the burial or interment of 
deceased persons, and may regulate the depth of graves. 

ae Section 2. When the title and management of any burial ground 
. is vested i ina iain the council of such borough, upon petition of 





117 






Section 38. Upon the presentation, to council, of such petition, the 
council may pass an ordinance declaring, that upon the acceptance 
of the provisions of such ordinance by the incorporated cemetery 
company, filed with the borough secretary, the title and control of 
-such burial ground shall vest in such incorporated cemetery com- 
panies. j 

Section 4. The secretary of the borough shall record the acceptance © 
of any such incorporated cemetery company in the ordinance book of — 
the borough, and a copy of the ordinance and the acceptance thereof, : 
certified by the burgess and secretary of the borough, shall be re 
corded in the office of the recorder of deeds of the county. 

Section 5. Authority is vested in the court of quarter sessions, — 
to make such orders for the regulation of burial grounds, situated in | 
and adjacent to boroughs, as the public good shall require; and when — 
any burial ground shall become so neglected as, in the opinion of the 
court, to become a public nuisance, the court may direct the removal 
of the dead therefrom, by the borough authorities, to some other bur- © 
ial ground. : 

Section 6. Upon the petition of any incorporated cemetery com- 
pany, and a majority of the taxables of any borough, the court of 
quarter sessions may authorize the transfer of any cemetery to the 
authorities of any borough in which such cemetery may be located — 
or be adjacent thereto. 

Section 7. Such transfer shall be made without cost to the borough, 
and upon being made the borough authorities shall exercise the 
powers and privileges of such incorporated company, and may pur- 
chase lands within or beyond the borough limits, not to exceed thirty 
acres, for the extension of such cemetery, and may raise the means 
to pay for the same, by the sale of lots or otherwise but in no event 
by taxation; they may lay out lots so purchased and alter the origi- — 
nal plot of such cemetery, and may dispose of such grounds in the © 
same manner as such incorporated company could have done. 

Section 8 <A deed for any tot, made by the burgess, shall be of © 
the same validity as the deed of such incorporated cemetery com- 
pany; and the burgess is authorized to make deeds to those who 
theretofore purchased lots, but have not been furnished with deeds — 
by the cemetery company. 

Section 9. In altering the plot of any such cemetery, the bodies — 
may be removed and reinterred in a suitable place, but withaut cost — 
to surviving relatives or friends. , 

Section 10. Whenever any burial ground, in charge of any religious © 
society or church, or in charge of no one, has ceased to be used for 
interments, or has become so neglected as to become a public nui- 
sance, or when such cemetery hinders the improvements and progres- 
sive interests of any borough, or is desired by the borough for any 


118 


~ a>. "s . 
ak il Nila i i at 





free public library building; or for any other public purpose, the 
court of quarter sessions of the county, upon petition of the managers 
of such cemetery, or upon the petition of fifty residents in the vicin- 
. ity, in case such cemetery is not in charge of anyone, setting forth 
that the improvements and progressive interests of such borough are 
hampered and the welfare of such borough is injured; or upon the 
petition of such borough, setting forth that such cemetery is desired 
by the borough for the erection thereon of a free public library build- 
ing or for any other public purpose; and after three weeks of adver- 
tisement, may direct the re of the remains of the dead from 
such burial ground. 

Section 11. No application, as provided in the preceding section, 
shall be made by the managers of any cemetery, in charge of any 
society or church, except in pursuance of the wishes of a majority of 
the members of such society or church, expressed at a meeting held for 
that purpose, after two weeks’ public notice. 

Section 12. Such removal shall be made by the managers of such 

cemetery, or by the borough when such cemetery is in charge of no 
one, in a careful manner at the expense of the party making such re- 
moval, to such other burial ground as may be selected; or, if so de- 
sired by relatives or friends, to some cemetery in the immediate 
vicinity. 

Section 18. The parties making such removal shall publish, for 
two successive weeks in two daily or weekly newspapers of the bor- 
ough or county, a notice declaring their intention to remove such 
remains. 

Section 14. Relatives and friends of such dead may remove such 
remains, at any time during such proceedings, at their own expense 
before removal by the managers. 

Section 15. All bodies, when so removed, shall be placed in sepa- 
rate caskets and graves, and the markers placed by the remains of 
such bodies shall be taken, by the persons authorized to make such 
removal, and placed as near as can be in the same relative position 
as before removal. 


119 


Digital de auntie 


CHAPTER XII. 





ENFORCEMENT OF ORDINANCES—ACTIONS BY AND 
AGAINST BOROUGHS. 


ARTICLE I. 





KNFORCEMENT OF ORDINANCES. 


Section 1. Fines and penalties made payable by this act, or im- 








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; 
3 


. 
a 
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7 


posed under the ordinances of any borough, shall be recoverable be-— 
fore any justice of the peace of the borough in the same manner as 
debts not exceeding three hundred dollars are recoverable, and when ~ 
so recovered shall be forthwith paid to the treasurer of the borough. — 


Section 2. Policemen of the several boroughs may, without war- 
rant and upon view, arrest and commit for hearing, any person guilty 
of a breach of the peace, vagrancy, riotous or disorderly conduct or 
drunkenness, or that may be engaged in the commission of any un- 
lawful act tending to imperil the personal security or endanger the 
property of citizens, or violating any of the ordinances of such bor- 
ough for the violation of which a penalty is imposed. Persons so 
arrested shall be entitled to give bail for their appearance according 
to the practice in cases of summary convictions. 

Section 8. All proceedings for the violation of borough ordinances 
and for the collection of fines and penalties imposed thereby, may be 
commenced by warrant or by summons at the discretion of the bur- 
gess or justice of the peace before whom the proceedings are com- 
menced, but no warrant shall be issued except on oath. or affirmation, 


specifying the ordinance for the violation of which the same is — 


issued, and all process may be directed to and be served by any police- 
man of the borough. who may execute the same anywhere within the 
Commonwealth. 

Section 4. Warrants shall be returnable forthwith, and upon such 
return, like proceedings shall be had as in cases of summary con- 
viction, with the same right of appeal from any final judgment. 


Section 5. When any person is arrested on view, a complaint, on : 
oath or affirmation, shall be immediately made, whereupon like pro- — 


ceedings shall be had as provided in the preceding section. 
Section 6. Any person arrested for the violation of a borough or- 
dinance may be committed to the borough lock-up, pending a hearing 


or trial, but in case there is no suitable lock-up in which to detain © 


prisoners, the person arrested may be committed to the county 
jail. 


120 


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- 
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Section 7. Upon jauuaiedt against any person by summary con- 


Eetion, or by proceedings by summons, on default of the payment of 
the fine or penalty imposed and the costs, the defendant may be 
sentenced and committed to the borough lock-up for a period not 


exceeding five days, or to the county jail for a period not exceeding 
thirty days. 

Section 8. No fine or penalty shall exceed one hundred dollars 
for any single violation of any ordinance. In case the defendant has 
goods or property of any kind whatsoever, out of which the judgment 
and costs can be collected by execution or other process, the plaintiff 
in the action may elect to collect the judgment and costs by such 
proceedings. 

~ Section 9. When any person shall have been arrested by authority 
of the burgess or justice of the peace of any borough, charged with 
being a vagrant or tramp, and having refused to pay the fine imposed 
for such offense, the burgess or justice of the peace, shall have author- 
ity to commit such person to the lock-up in such borough, for a term 
not exceeding five days, or compel such person to work upon the public 
works or streets of the borough, for a period of time not exceeding 
one day for each dollar of fine imposed. 

Section 10. Any such defendant, as provided in the preceding 
section, may appeal to the court of quarter sessions, upon entering 


into recognizance, with at least one surety in double the amount of 


the fine and costs, for his appearance in court, and the offence shall 
be prosecuted in court as in the case of misdemeanors. 

Section 11. When a prisoner shall be committed to any county jail 
or prison, either for the non-payment of a fine or penalty imposed for 
the violation of any borough ordinance, or while awaiting a hearing 
upon any charge for the violation of any borough ordinance, the costs 
of the proceedings and the expenses of maintaining such prisoner 
during his confinement, shall be paid by the borough, and the county 
shall not be liable to the sheriff for any maintenance, or to any person 
for any costs in such proceedings. 


121 


CHAPTER XII. 





INFORCEMENT OF ORDINANCES—ACTIONS BY AND 
AGAINST BOROUGHS. 





ARTICLE II. 





ACTIONS BY AND AGAINST BOROUGHS. 





(a) MUNICIPAL CLAIMS. 


Section 1. Boroughs may proceed for the recovery of municipal 
claims, by lien or by action of assumpsit; and jurisdiction is conferred 


upon justices of the peace to entertain such actions of assumpsit to _ 


the amount of three hundred dollars. 


(b) DEFENCES BY TAXPAYERS. 


Section 2. Any taxpayer of any borough may inquire into the 
validity of any judgment, or defend the borough in any suit or judg- 
ment, upon filing a petition with the court of common pleas of the 
county in which such suit is pending or judgment exists, accom- 
panied by an affidavit that the taxpayer believes that injustice will 
be done to the borough in such suit or judgment. Whenever it is 
deemed necessary, the court may order such taxpayer to file a bond 
with one or more sureties, to be approved by court, to save harm- 
less the borough from all costs that may accrue in such proceeding 
subsequent to the filing of such petition. 

Section 3. Whenever a judgment is rendered by any justice of the 
peace or alderman against any borough, and a right of appeal is 
given to such borough, and for ten days immediately after the ren- 
dition of such judgment the borough officials neglect to perfect an 
appeal, any taxpayer of such borough may take an appeal, in behalf 
of the borough, from such judgment, to the court of common pleas 
of the county, within the time prescribed for the taking of such ap- 
peal. ; : = 

Section 4. In taking the appeal the taxpayer, shall make an affi- 
davit, that the same is not taken for the purpose of delay, but because 
he verily believes that injustice has been done. The taxpayer shall 
pay the costs of the appeal, and enter sufficient bail for the payment 
of all costs before the justice of the peace or alderman, and all costs 
in the court of common pleas. 

Section 5. Upon the filing of such appeal in the court of common 
pleas of the county, the taxpayer shall be made a party to the suit 


and shall have the right to defend such borough therein. 
123 


ee ee ee a 


(c) LIABILITY IN BOND TRANSFERS. 


Section 6. All certificates of loans issued by a borough, shall 
be transferable by the legal owner thereof, without any liability on 
the part of the transfer agents of the borough, to recognize or see 
to the execution of any trust, whether expressed, implied or con- 
structive, to which such loans may be subject, unless such transfer 
agents of the borough shall have previously received notice in writing, 
signed by or on behalf of the person for whom such loans appear, by 
the certificate thereof, to be held in trust, that the proposed transfer 
would be a violation of such trust. 





CHAPTER XIII. 





ACTS OF ASSEMBLY REPEALED. 





- ARTICLE I. 


Section Be 


(a) THE FOLLOWING ACTS AND PARTS OF ACTS OF AS- 
SEMBLY ARE ABSOLUTELY REPEALED, VIZ:— 


Sections one, two, three, four, six, seven, ten, eleven, fourteen and 
sixteen of an act entitled “An act to provide for the incorporation 
of boroughs,” approved the first day of April, one thousand eight 
hundred thirty-four (P. L. 163). 

Sections one, four, five, seven, eight, nine, ten, eleven, thirteen, 


eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three; 


twenty-four, twenty-five, twenty-seven, twenty-eight, twenty-nine, 
thirty, thirty-one, thirty-two, and thiry-three of an act entitled “An 
act regulating boroughs,’ approved the third day of April, one thou- 
sand eight hundred fifty-one (P. L. 320). 

An act entitled “A supplement to the act regulating boroughs, 
approved April third, one thousand eight hundred fifty-one,” ap- 
proved the twenty-second day of April, one thousand eight hundred 
fifty-six (P. L. 525). 

An act entitled “A supplement to an act entitled ‘An act to pro- 
vide for the incorporation of boroughs,’ approved the first day of 
April, Anno Tomini one thousand eight hundred thirty-four,” ap- 
proved the first day of April, one thousand eight hundred sixty-three 
(P. L. 200). 

123 


An act, entitled “An act to authorize the councils of cities and — 
boroughs in this Commonwealth to provide for the inspection of — 
milk,” approved the twentieth day of April, one thousand eight hun- 
dred and sixty-nine (P. L. 81). 

An act entitled “An act for the further regulation of boroughs,” 
approved the second day of June, one thousand eight hundred seventy- 
one (P. L. 288). 

An act entitled “An act repealing the third section of the act, 
approved June second, one thousand eight hundred and seventy-one, 
entitled ‘An act for the further regulation of boroughs,’ ” approved 
the twenty-eighth day of March, one thousand eight hundred seventy: 
three (P. L. 53). 

An act entitled “An act. to prescribe the manner by which the 
courts may divide boroughs into wards,” approved the fourteenth 
day of May, one thousand eight hundred seventy-four (P. L. 159). 

An act entitled “An act relative to burial grounds and cemeteries, 
situate in incorporated boroughs,” approved the nineteenth day of 
May, one thousand eight hundred seventy-four (P. L. 208). 

An act entitled “An act to regulate the extension of borough lim- 
its when the territory to be annexed is situate in two or more coun- 
ties,” approved the eighth day of June, one thousand eight hundred 
seventy-four (P. L. 281). 

An act entitled “An act empowering the councils in the boroughs 
of this Commonwealth, to prescribe by ordinance the salary to be 
paid out of the borough treasury to the burgess, respectively, in 
lieu of all fees, fines and costs, the manner in which salaries shall 
be paid, and directing all fees, fines and costs to be paid into the 
borough treasury,” approved the thirteenth day of April, one thou- 
sand eight hundred seventy-six (P. L. 27). 

An act entitled “An act supplementary to an act, entitled ‘An act 
relative to burial grounds and cemeteries situated in incorporated 
boroughs,’ approved the nineteenth day of May, eighteen hundred 
and seventy-four, changing the title of the said act, and authorizing 
the court to make orders and decrees required by the act, and to en- 
force the same by process,” approved the thirteenth day of May, one 
thousand eight hundred seventy-six (P. L. 159). 

An act entitled “An act providing for the filling of a vacancy or 
vacancies in the office of council or other borough offices in the sey- 
- eral boroughs of this Commonwealth,” approved the twenty-fourth 
day of March, one thousand eight hundred seventy-seven (P. L. 36). 

An act entitled “A supplement to an act, entitled ‘An act to pre- 
scribe the manner by which the courts may divide boroughs into 
wards,’ approved the fourteenth day of May, Anno Domini eighteen 
hundred and seventy-four,” approved the twenty-fourth day of March, 
one thousand eight hundred seventy-seven (P. L. 47). 


124 













Sections one, two, three and four of an act, entitled “An act to 
‘provide through the courts of this Commonwealth for the erection of 
“poroughs out of territory now included in cities of the third class 
that have been formed by joining together two or more boroughs,” 
“approved the eighteenth day of April, one thousand eight hundred 
seventy-seven (P. L. 55). | : 
Sections four and five of an act entitled .““A supplement to an act, 
entitled ‘An act to prescribe the manner in which the courts may 
divide boroughs into wards,’ approved the fourteenth day of May, 
Anno Domini oné thousand eight hundred and seventy-four,” ap- 
proved the tenth day of May, one thousand eight hundred seventy- 
eight (P. L. 51). 

An at entitled “An act authorizing boroughs having charge of 
water works, where the rates for water are fixed by law, to change 
the same,” approved the twenty-fourth day of May, one thousand 
eight hundred seventy-eight (P. L. 118). . 

: An act entitled “An act to provide for appointing viewers to as- 
| sess damages where streets and alleys are changed in grades or loca- 
tion, in the several boroughs of this Commonwealth,” approved the 
twenty-fourth day of May, one thousand eight hundred seventy-eight 
. (P. L. 129). 

An act entitled “An act providing for the adjustment of all in- 
-debtedness between a township and one or more boroughs erected 
therefrom, also providing for the adjustment of the indebtedness of 

a township changed or merged into one or more boroughs,” approved 
the twelfth day of June, one thousand eight hundred seventy-eight 
(PRP. L. 184). at 
An at entitled “A supplement to an act for the regulation of bor- 
_oughs, approved the third day of April, Anno Domini one thousand 
eight hundred and fifty-one,” approved the eleventh day of June, 
one thousand eight hundred seventy-nine (P. L. 150). 

‘ An act entitled “A further supplement to the act approved the 

fourteenth day of May, Anno Domini one thousand eight hundred 
and seventy-four, entitled ‘An act to prescribe the manner in which 
_ the courts may divide boroughs into wards, and to provide for a ward 
_ representation upon school boards, in said boroughs,’” approved the 
sixteenth day of February, one thousand eight hundred eighty-three 
PR. Ta). 
An act entitled “An act to amend the first section of an act, ap- 
_ proved the 11th day of June, one thousand eight hundred and seventy- 
_ nine, entitled ‘A supplement to an act for the regulation of boroughs, 
_ approved the third day of April, Anno Domini one thousand eight 
_ hundred and fifty-one,’ so as to include all incorporated boroughs,” 
~ approved the seventeenth day of May, one thousand eight hundred 
" eighty-three (P. L. 36). 





125 





An act entitled “A supplement to an act, entitled ‘An act raat 
ing boroughs,’ approved, the third day of April, Anno Domini one 
thousand eight hundred and fifty-one, and empowering the corpor- 
ate authorities of boroughs to lay foot walks along turnpike roads, 
and assess the cost of paving, curbing and guttering the same on the 
owners of the adjoining lands,” approved the twenty-second day of 
May, one thousand eight hundred eighty-three (P. L. 39). 
An act entitled “An act to repeal part of section seventeen of an 
act, entitled ‘An act regulating boroughs,’ approved April three, 
Anno Domini one thousand eight hundred and fifty-one, and pro- 
viding the manner of electing members of town councils in the bor- 
oughs of this Commonwealth, and of filling vacancies therein,” ap-, 
proved the first day of June, one thousand eight hundred eighty-three 
(P. L. 54). 

An act entitled “An act to provide for changing the dividing lines 
between adjoining boroughs, where said lines separate the property 
of the same owner into two or more parts,” approved the thirteenth 
day of June, one thousand eight hundred eighty-three (P. L. 98). 

An act entitled “An act fixing the date of the commencement of 
terms of borough officers and auditors’ settlements,” approved the 
thirteenth day of June, one thousand eight hundred eighty-three (P. 
L. 121). 

An act entitled “A further supplement to an act regulating bor- 
oughs, approved the third day of April, Anno Domini one thousand 
eight hundred and fifty-one,” approved the third day of June, one 
thousand eight hundred eighty-five (P. L. 55). 

An act entitled “An act authorizing boroughs to supply, and to 
make contracts for, supplying water outside the limits of said bor- 
oughs,” approved the tenth day of June, one thousand eight hundred 
eighty-five (P. L. 81). 

An act entitled “An act relating to elections in boroughs to de- 
termine the expediency of constructing water works in certain cases,” 
approved the twenty-fourth day of June, one thousand eight hun- 
dred eighty-five (P. L. 163). 

An act entitled “An act authorizing the councils of the boroughs 
of this Commonwealth to regulate and fix the amount of license to 
be paid, by persons or firms engaged in the business of auctioneering, 
- within the limits of the same,” approved the seventh day of My, one 
thousand eight hundred eighty-seven (P. L. 93). 

An act entitled “An act authorizing the burgess, alderman or jus- 
tice of the peace in any borough to commit to the lockup or station 
house of said borough, in certain cases,” approved the eighteenth day 
of May, one thousand cight hundred eighty-seven (P. L. 122). 


126 


An act entitled “An act extending the authority and jurisdiction 
of justices of the peace to the several burgesses of this Common- 
wealth,” approved the nineteenth day of May, one thousand eight 
hundred eighty-seven (P. L. 133). 7 
An act entitled “An act appropriating the tax on dogs to the sup- 
port of public libraries in boroughs,” approved the twenty-third 
day of May, one thousand eight hundred eighty-seven (P. L. 164). 
An act entitled “A further supplement to an act regulating bor- 
oughs, approved the third day of April, Anno Domini one thousand 
eight hundred and fifty, authorizing the erection and leasing of 
wharves, and the collection of wharfage thereon,” approved the sev- 


enteenth day of April, one thousand eight hunderd eighty-nine (P. 


L. 34). 

An act entitled “A further supplement to an act, entitled ‘An act 
regulating boroughs,’ approved the third day of April, one thousand 
eight hundred and fifty-one, authorizing the corporate authorities 
to levy and collect a license tax on hacks, carriages and other vehicles 
carrying persons or property for pay,” approved the twenty-second 
day of April, one thousand eight hundred eighty-nine (P. L. 39). 

An act entitled “An act authorizing the councils of incorporated 
boroughs to require the paving, curbing and macadamizing of streets 
or thoroughfares, or parts thereof, and assess a portion of the cost 
of the same on the owners of property abutting thereon, and provid- 
ing for the collection of the same,’ approved the twenty-third day 


of April, one thousand-eight hundred eighty-nine (P. L. 44). 


An act entitled “An act providing for appeals from decrees of 


courts of quarter sessions incorporating boroughs,” approved the 
‘ ninth day of May, one thousand Sent hundred eighty-nine (P. L. 


174). 
An Act entitled “An Act to enable boroughs to adopt and construct 


sewage systems and to assess and collect the cost thereof,” approved 


the fifteenth day of May, one thousand eight hundred eighty-nine (P. 
L. 220). 
_ An Act entitled “An Act to provide for the division of boroughs 
and the erection of new boroughs,” approved the twenty-ninth day of 
May, one thousand eight hundred eighty-nine (P. L. 393). 

An act entitled “An act to authorize any borough now incorpor- 
ated or that may hereafter be incorporated, to manufacture electricity 
for commercial purposes, for the use of the inhabitants of said bor- 


oughs and for this purpose to erect, purchase or condemn electric- 
light plants and apparatus, and making valid the acts of any borough 
which has heretofore manufactured the same, or incurred any indebt- 
edness thereby, in accordance with the provisions of this act,” ap- 


proved the twentieth day of a one thousand eight hundred ninety- 


one (P. L. alk 


9H. 127 


An aet entitled “An act to authorize the burgess and council of 
all incorporated boroughs to widen and deepen streams and water 
courses running through said boroughs, and to erect dykes and em- 
bankments along the same, and to empower the burgess and councils 
to enter upon private property on and along such streams and water 
courses for the purpose of procuring material for such work, and to 
provide for the payment of the expense thereof, and the assessment 
of damages sustained to private parties thereby,” approved the eighth 
day of June, one thousand eight hundred ninety-one (P. L. 210). 

An Act entitled “An Act to authorize the election of a chief bur- 
gess for three years in the several boroughs of this Commonwealth 
who shall not be eligible to the office for the next succeeding term, 
and providing that such officer shall not be a member of the town 
council, giving him the power to veto ordinances, providing for the 
election of a presiding officer of councils and abolishing the office of 
assistant burgess,” approved the twenty-third day of May, one thou- 
sand eight hundred ninety-three (P. L. 113). 

An Act entitled “An Act authorizng the appointment of policemen 
in the boroughs of this Commonwealth, defining their powers and 
duties, and providing for their compensation and discharge,” ap- 
proved the sixth day of June, one thousand eight hundred ninety- 
three (P. L. 327). 

Sections one, two, three, four, five, six, seven and ten of an Act, en- 
titled “An Act to provide for the consolidation of boroughs and the 
government and regulation thereof,” approved the sixth day of June, 
one thousand eight hundred ninety-three (P. L. 335). 

An act entitled “An act to designate the number of councilmen 
to be elected in the several boroughs of the Commonwealth not divided . 
into wards, to provide for their election and for the filling of vacan- 
cies, and to fix the length of term for which they shall serve,” ap- 
proved the twenty-second day of May, one thousand eight hundred 
ninety-five (P. L. 109). 

An Act entitled “An Act authorizing the councils of incorporated 
boroughs to change the designations of wards,” approved the twenty- 
fourth day of June, one thousand eight hundred ninety-five (P. L. 
241). 

An act entitled “A supplement to an Act approved May twenty- 
four, one thousand eight hundred and seventy-eight, entitled ‘An Act 
to provide for appointing viewers to assess damages where streets 
and alleys are changed in grades or location, in the several boroughs 
of this Commonwealth,’ providing that the viewers therein named 
shall be entitled to mileage in addition to their per diem pay,” ap- 
proved the twenty-fourth day of June, one thousand eight hundred 
ninety-five (P. L. 248). 

An act entitled “An act to amend an act, entitled ‘An act empower- 
ing the councils in the boroughs of this Commonwealth, to prescribe 


128 







by ordinance the salary to be paid out of the borough treasury to the 
_ burgess, respectively, in lieu of all fees, fines and costs, the manner 
in which salaries shall be paid, and directing all fees, fines and costs 
to be paid into the borough treasury,’ approved the thirteenth day 
of April, Anno Domini one thousand eight hundred and seventy-six, 
"extending the provisions of said act to all boroughs in this Common- 
_ wealth, whether incorporated under general or special laws, ” ap- 
proved the twenty-fourth day of June, one thousand eight hundred 
| ninety-five (P. L. 255). 

_ An act entitled “An act to change the proceedings for the incor- 
poration of boroughs in this Commonwealth, providing for the ap- 
_proval of the application of incorporation by the court, and abolish- 
ing that part of the proceeding which requires the laying of the same 

before the grand jury and its approval thereof,” approved the twenty- 

sixth day of June, one thousand eight hundred ninety-five (P. L. 389). 

An act entitled “An act providing for the filling of any vacancy 
: ‘in the office of burgess in the several boroughs of this Common- 
: wealth,” approved the second day of July, one thousand eight hun- 
Paved ninety-five (P. L. 483). 
An act entitled “An act to authorize the courts of quarter sessions 
to declare the seats of councilmen in boroughs vacant when they fail 
to organize for ten days after the beginning of their term, and to fill 
the vacancies so made,” approved the twenty-seventh day of March, 

one thousand eight hundred ninety-seven (P. L. 8). 

An act entitled “An act supplementary to an act, entitled ‘An act 
regulating boroughs,’ approved the third day of April, Anno Domini 
one thousand eight hundred and fifty-one, providing for the grading 
t of streets and highways in boroughs according to the foot-front rule, 
'and for the assessment and collection of the costs and expenses 
thereof,” approved the nineteenth day of May, one thousand eight 
hundred and ninety-seven (P. L. 79). 

_ An act entitled “An act to authorize boroughs of the Common- 

ealth of Pennsylvania to make appropriations for the establishment 
and maintenance of free public libraries,” approved the twenty-fifth 
day of May, one thousand eight hundred ninety-seven (P. L. 84). 

_ Anact entitled “An act empowering boroughs of this Common- 
wealth, without petition of property owners, to grade, pave, curb, 
macadamize and otherwise improve public streets, or parts thereof, 

When said streets or parts thereof do not exceed five hundred feet 
in length and connect two streets theretofore paved and improved, 

and providing for the payment and collection of the costs, damages 
and expenses thereof,” approved the thirty-first day of me one 
thousand eight hundred ninety-seven (P. L. 114). 

_ An act entitled “An act amending sub-division eight of section 
three of an act, entitled ‘An act regulating boroughs,’ approved the 

third day of April, Anno Domini one thousand eight hundred and 


t 129 


; 









fifty-one, and prescribing the notice to be given of any proposition to 
fix or change the grade, or the laying out, widening, straightening, 
extending or vacating the streets, roads, lanes, or alleys in any bor- 
ough in the Commonwealth,” approved the twelfth day of July, one 
thousand eight hundred ninety-seven (P. L. 246). 


An act entitled “An act to amend the thirtieth section of an act, 
entitled ‘An act regulating boroughs,’ approved the third day of 
April, Anno Domini one thousand eight hundred and fifty-one, em- 
powering the burgess and town council of any borough to annex ad- 
jacent lots or out lots, or other tracts of land, on the petition of a ma- 
jority of the freehold owners thereof,” approved the fifteenth day of 
July, one thousand eight hundred ninety-seven (P. L. 296). 


An act entitled “An act to amend section thirty-three of an act, 
entitled ‘An act regulating boroughs,’ approved the third day of 
April, Anno Domini one thousand eight hundred and fifty-one, so as 
to extend the provisions which authorizes boroughs incorporated be- 
fore April third, one thousand eight hundred and fifty-one, to be- 
come subject to the restrictions and possess the powers and privileges 
conferred by said act, to boroughs incorporated since April third, one 
thousand eight hundred and fifty-one,” approved the sixteenth day 
of March, one thousand eight hundred ninety-nine (P. L. 10). 


An act entitled “An act to amend the fourth section of an act, en- 
titled ‘An act for the further regulation of boroughs,’ approved the 
second day of June, Anno Domini one thousand eight hundred and 
seventy-one; specifying the mode of procedure in cases where the 
burgess and town council of any borough pass an ordinance annex- 
ing adjacent lands of a township, lots or out lots of the same,” ap- 
proved the sixth day of April, one thousand eight hundred ninety- 
nine (P. L. 33). 

An act entitled “An act to further amend the thirtieth section of 
an act, entitled ‘An act regulating boroughs,’ approved the third day 
of April, Anno Domini one thousand eight hundred and fifty-one, as 
amended by an act approved the fifteenth day of July, Anno Domini 
one thousand eight hundred and ninety-seven, empowering the bur- 
gess and town council of any borough, on petition of a majority of 
the freehold owners of lots or outlots, or other tracts of land in any 
section lying adjacent to said borough, to annex the section which 
such petitioners or others own,” approved the twenty-eighth day of 
April, one thousand eight hundred ninety-nine (P. L. 115). 


An act entitled “An act to amend section one of an act, entitled 
‘A supplement to the act regulating boroughs,’ approved April third, 
one thousand eight hundred and fifty-one,’ approved the twenty- 
second day of April, Anno Domini one thousand eight hundred and 
fifty-six, and providing for the opening of sidewalks along lands 


130 


| “= 
: 


abutting on turnpike roads,.and ascertaining the benefits and dam- 
‘ages caused thereby,” approved the second day of May, one thousand 
‘nine hundred one (P. L. 118). 

An act entitled “An act authorizing and empowering aeaetin of 
boroughs within this Commonwealth to contract with any incorpor- 
ated water company, authorized to do business within such munici- 
pality, for a supply of water for fire protection and for other munici- 
pal purposes,” approved the second day of May, one thousand nine 
hundred one (P. L. 1387). 

An act entitled “An act authorizing boroughs to provide a supply 
of water for the use of the public, either by the erection and opera- 
tion of water works or by contracts with persons or corporations au- 
thorized to supply water within the limits of said boroughs, or by 
both methods,” approved the third day of May, one thousand nine 
hundred one (P. L. 140). 

An act entitled “An act relating to connection of property with 
public sewers in boroughs,” approved the twenty-first day of May, 
one thousand nine hundred one (P. L. 265). 

An act entitled “An act providing for the service of notice to build 
or repair sidewalks in the several boroughs of this Commonwealth,” 
approved the twenty-fourth day of May, one thousand nine hundred 
one (P. L. 297). 

An act entitled “An act authorizing the policemen of the several 
boroughs of this Commonwealth to perform the duties of high con- 
stable, and regulating compensation for their services,” approved the 
twenty-fourth day of May, one thousand nine hundred one (P. L. 
297). 

An act entitled “A further supplement to an act, entitled ‘An act 
regulating boroughs,’ approved the third day of April, Anno Domini 
one thousand eight hundred and fifty-one; amending a supplement to 
said act, approved the twenty-second day of May, Anno Domini one 
thousand eight hundred and eighty-three; and empowering the cor- 
porate authorities of boroughs to lay out foot-walks, pavements, gut- 
ters, culverts and drains, over and upon lands within the boroughs, 
abutting on and along the side or sides of public roads entirely with- 
out the borough limits; and to assess the paving, curbing and gutter- 
ing of the same on the Dwners of adjoining lands,” approved the 
twenty-fourth day of May, one thousand nine hundred one (P. L. 
299). 

An act entitled “An act amending section thirty-three of an act, en- 
titled ‘An act to regulate boroughs,’ approved third April, one thou- 
sand eight hundred and fifty-one; designating who shall make appli- 
cation for a borough, previously incorporated, to become subject to 
the restrictions and possess the powers and privileges conferred by 
‘said act of one thousand eight hundred and fifty-one”. approved the 
fourth day of June, one thousand nine hundred one (P. L. 362). 


131 







An act entitled “An act providing that the president of council in 
all boroughs shall exercise the duties of burgess in the absence or dis- 
qualification of that official,’ approved the tenth day of writes one 
thousand nine hundred one (P. L. 551). - 
‘ An act entitled “An act authorizing boroughs of this’ Common 
wealth to require the planting of shade-trees along the public streets © 
thereof, by the owners of abutting property, in certain cases,” ap-— 
proved the seventeenth day of June, one thousand nine hundred one 
(P. L. 569). 7 | : 

An act entitled “An act authorizing the town councils of the seyv- 
eral boroughs of this State to pay a portion of the cost and expense — 
of grading and curbing sidewalks,” approved the nineteenth day of 
June, one thousand nine hundred one (P. L. 573). . 

An act entitled “An act authorizing any borough within this Com- 
monwealth, on the written request of the Board of Health, to confine - 
and pave, or completely enclose, any creek, run or natural water way, 
other than navigable streams, and for this purpose to enter upon, 
condemn and take property and material necessary to such confining 
and paving or complete enclosure; and providing for the ascertain- 
ment and assessment of costs, damages and expenses, as well as the 
levy and collection of benefits, arising therefrom, and constituting 
such benefits a lien upon the properties upon which they are respec- 
tively assessed,” approved the tenth day of July, one thousand nine 
hundred one (P. L. 634). 

An act entitled “An act to amend the first clause of the second 

section, and the third section, of an act, entitled ‘An act to provide 
for the consolidation of boroughs and the government and regula- 
tion ‘thereof,’ approved the sixth day of June, Anno Domini one thou- 
sand eight hundred and ninety-three, removing any limit upon the 
number of wards into which a consolidated borough may be divided, 
and defining the laws and ordinances by which a consolidated borough 
shall be governed,” approved the twenty-sixth day of OUEUAEY). one 
thousand nine hundred three (P. L. 6). 
- An act entitled “An act supplementary to an act, entitled ‘An act 
to amend an act, entitled “An act to authorize the election of con- 
stables for three years,” approved the fourteenth day of February, 
Anno Domini one thousand eight hundred and eighty-nine, by pro- 
viding for the election of a high constable of each of the boroughs of 
this Commonwealth, for three years, and by correcting the ambiguity 
as to the beginning of the terms of office under said act,’ approved the 
twenty-sixth day of June, Anno Domini one thousand eight hundred 
and ninety-five; making provisions for the filling of vacancies in the 
office of high constable in any borough, or in the office of constable in 


132 





any borough, ward of any borough, or township of this Common- 
_ wealth,” approved the eleventh day of March, one thousand nine hun- 
dred three (P. L. 22). 
- An act entitled “An act to provide for the election of councilmen, 
in the several boroughs of this Commonwealth, by wards,” approved 
the thirteenth day of April, one thousand nine hundred three (P. L. 
Pet}; 

An act entitled “An act authorizing the chief burgesses of the sev- 
eral boroughs of this Commonwealth to administer all oaths and af- 
firmations in matters pertaining to borough affairs,” approved the 
twenty-third day of April, one thousand nine hundred three (P. L. 
291). 

An act entitled “An act authorizing any of the boroughs of this 
Commonwealth to pay a salary to the chief burgess thereof,” approved 
the seventh day of April, one thousand nine hundred five (P. L. 116). 

An act entitled “An act to further amend the first clause of the 
second section of an act, entitled ‘An act to provide for the consolida- 
tion of boroughs, and the government and regulation thereof,’ ap- 
proved the sixth day of June, Anno Domini one thousand eight hun- 
dred and ninety-three; authorizing provisions, in the joint agree- 
ment for such consolidation, for the use and disposition of the sepa- 
rate assets and the liquidation of the separate debts of such bor- 
oughs, and for separate rates of taxation therein for that purpose,” 
approved the tenth day of April, one thousand nine hundred five (P. 

An act entitled “A supplement to an act, entitled ‘An act to pro- 
vide for the consolidation of boroughs, and the government and regu- 
lation thereof,’ approved the sixth day of June, Anno Domini one 
thousand eight hundred and ninety-three, as amended by an act ap- 
proved the twenty-sixth day of February, Anno Domini one thousand 
nine hundred and three, entitled “An act to amend the first clause of 
the second section, and the third section, of an act, entitled ‘An act 
to provide for the consolidation of boroughs, and the government and 
regulation thereof,’ approved the sixth day of June, Anno Domini 
one thousand eight hundred and ninety-three, removing any limit 
upon the number of wards into which a consolidated borough may be 
divided, and defining the laws and ordinances by which a consoli- 
dated borough shall be governed,” defining the meaning of said act 
as amended, and confirming the consolidation of boroughs partly ly- 
ing or situate in different counties, and providing for their govern- 
ment and regulation,’ approved the fourteenth day of April, one 
thousand nine hundred five (P. L. 155). 

An act entitled “A supplement to an act, entitled ‘An act author- 
izing the councils of incorporated boroughs to require the paving, 


133 


curbing and macadamizing of streets or thoroughfares, or parts 


thereof, and assess a portion of the cost of the same on the owners 
of property, abutting thereon, and providing for the collection of the 


same,’ approved the twenty-third day of April, Anno Domini one 
thousand eight hundred and eighty-nine, pamphlet laws, forty-four; 
providing that if the petition for said improvement has been verified 
by the affidavit of one or more of the petitioners, notice may be given 
of the passage of the ordinance requiring said improvement, and al- 
lowing an appeal therefrom, by any person interested, to any court 
of common pleas of the county; and, if such appeal is dismissed, or no 
such appeal is taken, then all parties interested shall be estopped 
from denying that said petition was signed by the requisite number 


of owners, representing the requisite number of feet fronting on the 


street to be improved,” approved the fourteenth day of April, one 
thousand nine hundred five (P. L. 168). 

An act entitled “An act to amend the second section of an act, en- 
titled ‘An act to authorize the election of a chief burgess for three 
years in the several boroughs in this Commonwealth, who shall not 
be eligible to the office for the next succeeding term, and providing 
that such officer shall not be a member of the town council, giving 
him the power to veto ordinances, providing for the election of a pre- 
siding officer of councils, and abolishing the office of assistant bur- 
gess,’ approved the twenty-third day of May, Anno Domini one thou- 


sand eight hundred and ninety-three; so as to authorize and empower. 


the chief burgess to attend meetings of town councils at their annual 
organization for the election of such officers as are, by law and bor- 
ough ordinances, at that time required to be elected, and who shall 
have no vote unless the councils be equally divided, when he shall 
cast the deciding vote,” approved the eighteenth day of ADEMs one 
thousand nine hundred five (P. L. 215). 

An act entitled “An act authorizing the councils of incorporated 
boroughs to require the subgrading, paving, curbing and macadamiz- 


ing of streets or thoroughfares or parts thereof, and assess the cost 


of the same on the owners of property abutting thereon, providing 
four-fifths of said owners petition councils for same, and providing for 
the collection of the cost of same,” approved the twentieth day of 
April, one thousand nine hundred five (P. L. 232). 

An act entitled “An act authorizing boroughs to require the tS 


ing, paving, repaving and repairing of sidewalks, and the construct- 


ing and repairing of curbs and gutters at the edge of sidewalks, by 
the owner or owners of lots fronting thereon; and providing that, in 
case of failure to comply with such requirements, the borough may 
cause the work to be done, and collect the cost and charges thereof,’’ 
approved the twentieth day of April, one thousand nine hundred five 
(P. L. 285). 


134 


. 


eo 





_ An act entitled “An act to authorize boroughs of the Common- 
wealth of Pennsylvania to contract with the duly constituted man- 
agers or owners of existing non-sectarian public libraries, for the free 


use of such libraries by the residents of such boroughs, and to make 
appropriations for the hiring and procuring of such free use,” ap- 
proved the twenty-second day of April, one thousand nine hundred 


five (P. L. 281). 


An act entitled “An act amending an act, entitled ‘An act author- 


_ izing any of the boroughs of this Commonwealth to pay a salary to 


Pegs ey, eae 





the chief burgess thereof, (Pamphlet Laws, one thousand nine hun- 
dred and five, page one hundred and sixteen), by providing that in 
boroughs of over five thousand population, where such salary would 
fall below the sum of fifty dollars per month, the borough council, 
in its wisdom, may increase said salary to an amount not exceeding 
fifty dollars per month,” approved the fifteenth day of April, one 
thousand nine hundred seven (P. L. 61). 

An act entitled “An act to amend the first section of an act, en- 
titled “I'o enable boroughs to adopt and construct sewerage systems, 
and to assess and collect the cost thereof,’ approved the fifteenth day 
of May, Anno Domini one thousand eight hundred and eighty-nine 
(Pamphlet Laws, page two hundred and twenty), by providing for 
the construction of sewers without a petition of a majority of prop- 
erty owners, and requiring a permit from the Commissioner of 
Health,” approved the twenty-third day of April, one thousand nine 
hundred seven (P. L. 97). 

An act entitled “A supplement to the act of April third, eighteen 
hundred and fifty-one, entitled ‘An act regulating boroughs,’ provid- 
ing for the election of a borough solicitor, fixing the term of office and 
prescribing his duties, and authorizing the town council to fix his 
compensation,” approved the twenty-fifth day of April, one thousand 
nine hundred seven (P. L. 108). 

An act entitled “An act to amend section one of an act, entitled 
‘An act empowering boroughs of this Commonwealth, without peti- 
tion of property owners, to grade, pave, curb, macadamize, and other- 
wise improve public streets, or parts thereof, when said streets, or 
parts thereof, do not exceed five hundred feet in length and connect 
two streets theretofore paved and improved, and providing for the 


_ payment and collection of the costs, damages, and expenses thereof,’ 


oe hh. j 


approved May thirty-first, Anno Domini one thousand eight hundred 
and ninety-seven by increasing the length of street so be improved to 
one thousand feet,” approved the seventh .day of May, one thousand 
nine hundred seven (P. L. 168). 

An act entitled “An act authorizing the corporate authorities of 
boroughs to expend not exceeding one-half of the annual appropria- 


135 


tion for roads and streets, in curbing and paving or macadamizing ~ 
any street, lane, or alley therein,” approved the eighth day of May, 
one thousand nine hundred seven (P. L. 1838). 

Section one of an act entitled “An act concerning building regula- 
tion and inspection in boroughs,’ approved the eighth day of May; 
one thousand nine hundred seven (P. L. 184). 

An act entitled “An act empowering incorporated boroughs to pass 
such ordinance as may be necessary to regulate or prevent the erec- 
tion of wooden dwelling-houses, shops, warehouses, stores, carriage- 
houses, stables, or other frame buildings within the limits of the bor- 
ough,” approved the twenty-third day of May, one thousand nine hun- 
dred seven (P. L. 208). 

An act entitled “An act authorizing boroughs to erect and maintain 
garbage-furnaces, and pass rules and regulations for the collection, 
care, and removal of garbage, and provide penalties for the violation 
of the same,” approved the twenty-fifth day of May, one thousand 
nine hundred seven (P. L. 230). 

An act entitled “An act authorizing and empowering the several 
boroughs of this Commonwealth to purchase or acquire by condemna- 
tion proceedings such real estate, within or without the borough 
limits, as may be necessary for present and future use; upon which 
to erect, construct, and maintain garbage or incinerating furnaces, 
sewage-disposal, works or plants, with the necessary filter-beds, ap- 
pliances’ drains and sewers, and for the extensions thereof,” approved 
the first day of April, one thousand nine hundred nine (P. L. 79). 

An act entitled “An act empowering the councils of boroughs in 
the Commonwealth to fix by ordinance the salary of the burgess of 
said boroughs,” approved the twenty-third day of April, one thousand 
nine hundred nine (P. L. 154). 

An act entitled “An act authorizing the burgess and council in any 
incorporated borough in this Commonwealth, in which is vested the 
title, control, and management of any cemetery or burial-ground, to 
transfer said title, control, and management to an incorporated ceme- 
tery company, and providing how such transfer shall be effected,” ap- 
proved the twenty-third day of April, one thousand nine hundred 
nine (P. L. 155). . 

An act entitled “An act fixing the length of the term of borough 
treasurers and street commissioners, in boroughs of this Common- 
wealth that are elected by the electors at large,” approved the sixth 
day of May, one thousand nine hundred nine (P. L. 440). 

An act entitled “An act amending the first section of an act, ap- 
proved the twenty-fourth day of May, Anno Domini one thousand: — 
eight hundred and seventy-eight, entitled ‘An act to provide for 
appointing viewers to assess damages, where streets and alleys are 
changed in grades or location in the several boroughs of this Com- ° 


136 







a act Satiiled “A supplement to an act entitled ‘An act au- 
horizing the councils of incorporated boroughs to require the sub- 
‘grading, paving, curbing, and macadamizing of streets or thorough- 
ares, or parts thereof, and assess the cost of the same on the own- 
ers of property abutting thereon, provided four-fifths of said own- 
‘ers petition councils for same, and providing for the collection of 
‘the cost of same,’ approved twentieth day of April, Anno Domini one 
thousand nine hundred and five (Pamphlet Laws, two hundred and. 
‘thirty-two) ; providing that if the petition for said improvement has 
‘been verified by the affidavit of one or more of the petitioners, no- 
tice may be given of the passage of the ordinance requiring said 
‘improvement, and allowing an appeal therefrom by any person in- 
Rerested to any court of common pleas of the county; and if such 
“appeal, is dismissed, or no such appeal is taken, then all parties in- 
| terested shall be estopped from denying that said petition was 
igned by the requisite number of owners, representing the requi- 
‘site number of feet fronting on the street to be improved,” ap- 
‘proved the fifth day of May, one thousand nine hundred eleven (P. 
‘L. 166). 
_ An act entitled “An act authorizing the proper authorities of ad- 
‘joining boroughs to fix and determine the dividing line between said 
‘boroughs, where the location of the same is uncertain, and to change 
the dividing line between adjoining boroughs, and providing the 
‘manner of procedure in such cases,” approved the fifth day of May, 
p's thousand nine hundred eleven (P. L. 176). 

_ An act entitled ‘An act empowering boroughs of this Common- 
i ealth, without petition of the property owners, to grade, pave, 
curb, macadamize, and otherwise improve public streets, or parts 
thereof; and assess a portion of the cost of the same on the owners 
of property abutting thereon; and providing for the collection of the 
same,” approyed the twelfth day of May, one thousand nine hun- 
eee eleven (P. L. 288). 

_ An act entitled “An act making void the surveying or laying out 

of certain highways and sewers over private property, in boroughs, 
where the work has not been commenced within two years from the 

| passage of the ordinance,” approved the first day of June,‘one thou- 

sand nine hundred eleven (P.-L. 541). 

_ An act entitled “An act authorizing boroughs to lay out, and main- 
tain as public parks, land heretofore acquired outside of the bor- 
ough limits,” approved the first day of June, one thousand nine 
hundred eleven (P. L. 544). 







137 










An act entitled “An act to amend section one of an act, entitlec 
‘An act authorizing the councils of incorporated boroughs to re- 
_quire the paving, curbing, and macdamizing of streets or thorough- 
fares, or parts thereof, and assess a portion of the cost of the same 
on the owners of property abutting thereon, and providing for the 
collection of the same,’ approved April twenty-third, one thousand 
eight hundred and eighty-nine, by fixing a different portion of the 
cost and expense which may be assessed against abutting property, 
where the property on one side of the street or thoroughfares de- 
sired to be improved is exempt from assessment,” approved the 
eighth day of June, one thousand nine hundred eleven (P. L. 714). 

An act entitled “An act to amend section three of an act, entitled 
‘An act authorizing the appointment of policemen in the boroughs: 
of this Commonwealth, defining their powers and duties, and pro- 
viding for their compensation and discharge,’ approved June sixth, 
Anno Domini one thousand eight hundred and ninety-three, by regu- 
lating ‘the control of policemen when on duty,” approved the eighth 
day of June one thousand nine hundred eleven (P. L. 720). 

An act entitled “An act to amend section one of an act, entitled 
‘An act authorizing the councils of incorporated boroughs to re- 
quire the paving, curbing, and macadamizing of streets or thor- 
oughfares, or parts thereof, and assess a portion of the costs of the 
same on the owners of property abutting thereon, and providing for 
the collection of the same,’ approved the twenty-third day of April, 
Anno Domini one thousand eight hundred and eighty-nine, so as to 
change the requirements of the petition for paving from two-thirds 
of the owners of property representing not less than two-thirds in 
number of feet of the properties fronting or abutting on the street 
or thoroughfares, or the part thereof proposed to be paved, to the 
owners of property representing not less than two-thirds in number 
of feet of the properties fronting or abutting on the street or thor- 
oughfares, or the part thereof proposed to be paved; and repealing 
all acts or parts of acts inconsistent herewith,” approved the thir- 
teenth day of June, one thousand nine hundred eleven (P. L. 887). — 

An act entitled “An act providing for the election of councilmen in 
the several boroughs of this Commonwealth, and fixing the time and 
manner of the organization of the town councils therein,” approved 
the nineteenth day of June, one thousand nine hundred eleven (P. 
L. 1047). if 

An act entitled “An act amending the first section of an act, ap- 
proved the twenty-second day of April, Anno Domini one thousand | 
eight hundred and fifty-six, entitled ‘A supplement to the act regu- 
lating etek. se approved April third, one thousand eight hundred 
and fifty-one, by fixing the number of the viewers at three,” ap- 
proved the twentieth day of June, one thousand nine hundred eleven 
(P. L. 1085). 





138 


4 


[ _ An act entitled “An act providing for and regulating the purchase 
or condemnation of real estate by boroughs, for the purpose of con- 
structing wharves, landing-places, and docks,” approved the twenty- 
first day of June, one thousand nine hundred eleven (P. L. 1099). 
+7 An act entitled “An act to provide for the making of a new ordi- 
nance book and record of the ordinances of any borough, in which the 
\erdinance book thereof has become lost, destroyed, or so much worn 
or mutilated as to be unserviceable,” approved the twenty-first day 
‘of June, one thousand nine hundred eleven (P. L. 1113). 

An act entitled “An act to amend section four of an act, approved 
the nineteenth day of June, one thousand nine hundred eleven, en- 
titled ‘An act providing for the election of councilmen in the several 
‘boroughs of this Commonwealth, and fixing the time and manner 
‘of the organization of the town councils therein,’” approved the 
‘twentieth day of May, one thousand nine hundred thirteen (P. L. 
268). 

An act entitled “An act to amend the first section of an act ap- 
proved the twenty-fifth day of April, one thousand nine hundred and 
seven (Pamphlet Laws, one hundred three), entitled ‘A supplement 
‘to the act of April third, eighteen hundred and fifty-one, entitled 
“An act regulating boroughs,’ providing for the election of a bor- 

ough solicitor, fixing the term of office and prescribing his duties, 
and authorizing the town council to fix his compensation,’ so as to” 
include all boroughs, and by changing the length of the term and the 
time of the election of borough solicitors, and extending the terms 
of the borough solicitors, holding office under the act of April 
twenty-fifth, nineteen hundred and seven, and providing for the fur- 
nishing of a bond by a trust or bonding company,” approved the 
‘fifth day of June, one thousand nine hundred thirteen (P. L. 409). 

An act entitled “An act to amend an act, approved the third day 
of April, one thousand eight hundred and fifty-one, entitled ‘An act 

regulating boroughs, as amended,” approved the fifth day of June, 
one thousand nine hundred thirteen (P. L. 411). 

An act entitled “An act empowering the several boroughs of the 
Commonwealth to enact and enforce ordinances prohibiting accumu- 
lations of garbage or rubbish upon private properties within their 
respective limits,” approved the fifth day of June, one thousand nine 
hundred thirteen (P. L. 434). 

An act entitled “A further supplement to an act, entitled ‘An act 
to regulate boroughs,’ approved the third day of April, one thousand 
eight hundred and fifty-one, authorizing the corporate authorities 

of any borough to levy and collect a license-tax on hacks, carriages, 
omnibuses, and motor-vehicles carrying persons or property for pay; 
‘to regulate the operation and compensation of such vehicles within 


139 


tT 






























the limits of any such borough, or between any such borough an 
other points or places,’ approved the fifth day of June, one thou 
sand nine hundred thirteen (P. L. 434). 

An act entitled “An act providing for the election of a borougt 
controller in all boroughs of this Commonwealth; prescribing the 
qualifications, powers and duties thereof; and abolishing the office 
of borough auditors in said boroughs,” approved the twelfth day of 
June, one thousand nine hundred thirteen (P. L. 499). 

An act entitled “An act to amend section one of an act entitled 
‘An act to amend section three of an act, entitled “An act authori 
ing the appointment of policemen in the boroughs of this Common- 
wealth, definmg their powers and duties, and providing for their 
compensation and discharge,” approved June sixth, Anno Domini one 
thousand eight hundred and ninety-three, by regulating the control 
of policemen when on duty,’ approved June eighth, one thousand 
nine hundred and eleven,’ approved the nineteenth day of June, 
one thousand nine hundred thirteen (P. L. 5388). 

An act entitled “An act to amend an act, approved the sixth day 
‘of June, one thousand eight hundred ninety-three, entitled ‘An act 
to provide for the consolidation of boroughs and the government and 
‘yegulation thereof,’ as amended,” approved the nineteenth day of 
June, one thousand nine hundred thirteen (P. L. 540). 


(b) THE FOLLOWING ACTS AND PARTS OF ACTS OF AS. 
SEMBLY ARE ABSOLUTELY REPEALED EXCEPT IN SO 
FAR AS THEY RELATE TO ASSESSORS, CONSTABLES, 
ELECTIONS, JUSTICES OF THE PEACE, OVERSEERS OF 
THE POOR, SCHOOL DIRECTORS, OR TAXATION, VIZ:— — 


' Sections five, eight, nine, twelve, thirteen and fifteen of an act en- 
titled “An act to provide for the incorporation of boroughs,” ap- 
proved the first day of April, one thousand eight hundred thirty: 
‘four (P. L. 163). 

Sections two, three, six, twelve, fourteen, fifteen, sinkace: seven 
teen and twenty-six of an act entitled “An act regulating boroughs,” 
approved the third day of April, one thousand eight hundred fifty- 
one (P. L. 320). q 

An act entitled “An act supplementary to an act entitled, ‘An act 
to prescribe the manner by which the courts may divide boroughs 
into wards,’ approved the fourteenth day of May, Anno Domini one 
thousand eight hundred seventy-four,” approved the seventeenth day 
of February, one thousand eight hundred seventy-six (P. L. 6). 
Section one of an act entitled “A supplement to an act, entitlec 
'*An act to prescribe the manner in which the courts may divide bot 
-oughs into wards,’ approved the fourteenth day of May, Anno Domini 
one thousand eight hundred seventy-four,” approved the tenth day 
of May, one thousand eight hundred seventy-eight (P. L. 51). 


140 


‘An act entitled “A further supplement to the act approved the 
fourteenth day of May, Anno Domini one thousand eight hundred 
serenty-four entitled ‘An act to prescribe the manner in which the 
eourts may divide boroughs into wards,’ and to extend the powers 
of the courts so that they may, on petition, increase the number of 


councilmen and school directors after decree has been made,” ap- 


proyed the thirteenth day of May, one thousand eight hundred eighty- 
nine (P. L. 198). 

Section eight of an act, entitled “An act to provide for the con- 
solidation of boroughs and. the government and regulation thereof,” 
approved the sixth day of June, one thousand eight hundred ninety- 
three (P. L. 335). 

An act entitled “An act to amend the ninth section of an act, en- 


titled ‘An act to provide for the consolidation of boroughs and the 


government and regulation thereof,’ approved June sixth, Anno 
Domini one thousand eight hundred ninety-three, so as to allow the 
town council of a consolidated borough to select, annually, one 
street commissioner,” approved the twenty-fifth day of May, one 
thousand eight hundred ninety-seven (P. L. 88). 

An act entitled “An act relating to boroughs, providing a method 
of procedure for violations of law and borough ordinances, and for 
collection of the fines and penalties imposed for said violations,” ap- 
proved the fourth day of June, one thousand eight hundred ninety- 
seven (P. L. 121). 

An act entitled “An act authorizing the courts of quarter ses- 
sions of the peace to decrease the number of members of town 
council, and the number of school directors in wards or boroughs,” 
approved the ninth day of July, one thousand eight hundred ninety- 
seven (P. L. 216). 

An act entitled “An act authorizing policemen to hold and exer- 
cise the office of constables,” approved the twenty-fifth day of April, 
one thousand nine hundred five (P. L. 309). 


(c) THE FOLLOWING ACTS AND PARTS OF ACTS OF AS. 
SEMBLY ARE REPEALED IN SO FAR AS THEY RELATE TO 
BOROUGHS, VIZ:— 


Section thirty-four of an act entitled “An act relating to roads, 


highways and bridges,” approved the thirteenth day of June, one 


thousand eight hundred thirty-six (P. L. 551). 

Section one of an act entitled “An act providing for the adjuatiient 
of all indebtedness between an old township, or townships, and a 
new township, or borough, erected therefrom,” approved the twelfth 
day of April, one thousand eight hundred sixty-six (P. L. 109). 

An act entitled “An act relating to the assessment of damage for 
the appropriation of land for public use,” approved the fifteenth 


| day of June, one thousand eight hundred seventy-one (P. L. 391). 


141 


An act entitled “An act to authorize and require the auditors to 


publish an. annual statement of the receipts and expenditures of 
road commissioners, supervisors, overseers of the poor, and school — 
directors of the several townships and boroughs within this Common- — 


wealth, and to designate a day to audit, settle and adjust town- 


ship and borough accounts,” approved the twenty-fourth day of — 


April; one thousand eight hundred seventy-four (P.-L. 112). 

Sections one, two and three of an act entitled “An act declaring 
what offices are incompatible,” approved the fifteenth day: of. si 
one thousand eight hundred seventy-four (P. L. 186)! 

An act entitled “An act to facilitate the transfer of stocks and 
loans,” approved the twenty-third day of May, one hounes? might 
hundred seventy-four (P..L. 222). 

An act entitled “An act for further regulation of amaiae from 
assessments of damages. to owners of property taken for publie 

se,” approved the thirteenth day of.June, one thousand saps sans 
rod seventy-four (P. L. 283). 

An act entitled “An act. fixing and regulating the terms of all 
members of councils and all other city, ward, borough, and township 
officers, excepting school directors, elected by the people, and fixing 
the time for organization of the legislative departments, of the muni- 
cipal governments of the. Commonwealth and the inauguration of 
the mayors of all the cities of the same,” approved the tenth day of 
March, one thousand eight hundred seventy-five (P. L. 6). 

An act entitled “A supplement to an act, entitled ‘An act to author- 
ize and require the auditors to publish an annual statement of the 
receipts and expenditures of road commissioners, supervisors, over- 
seers of the poor and school directors of the several townships and 
boroughs within this Commonwealth, and to designate a day to audit, 
settle and adjust township and borough accounts,’ approved the 
twenty-fourth day of April, Anno Domini one thousand eight hun- 
dred and seventy-four,” approved the thirty-first day of March, one 
thousand eight hundred seventy-six (P. L. 12). 

An act entitled “A supplement to an act, approved April fourteen, 
Anno Domini eighteen hundred and fifty-one, relating to an appeal 
from the decision of township auditors,” approved the first day of 
May, one thousand eight hundred seventy-six (P. L. 88). 

An act entitled “An act conferring additional powers upon the 


several boroughs and incorporated towns of this Commonwealth,” — 


approved the fifth day of May, one thousand eight hundred passing, 
six: P. Te 412). 
An act entitled “An act to empower any tax payer of any town- 


ship, borough, school, poor or other municipal district, upon peti- — 
tion and affidavit, to become a party to any suit or process pending ~ 
against said district,’ approved the twenty-third day of March, one 


thousand eight hundred seventy-seven (P. L. 20). 
. ; 142 








. —————ee re 


_ An act entitled “An act to prohibit cities, boroughs and munici- 
palities from levying any license or mercantile tax, upon persons 
taking orders for goods or merchandise by sample, for individuals 
or companies who pay a license or mercantile tax at their chief place 
of business, and also to prohibit the collection of such licenses, or 
mereantile taxes,” approved the seventeenth day of May, one thou- 
sand eight hundred eighty-three (P. L. 31). 

An act entitled “A supplement toan act, entitled ‘An act supple- 


‘mentary to an act relative to burial grounds and cemeteries sit- 


uated in incorporated boroughs,’ approved the nineteenth day of 
May, one thousand eight hundred and seventy-four, changing the 
title of said act, and authorizing the court to make orders and de- 
ecrees required by the act, and to enforce the same by process, ap- 
proved the thirteenth day of May, eighteen hundred and seventy-six, 
further empowering courts to direct removal of remains in boroughs, 
cities, and towns from burial grounds where interments have ceased 
or have become so neglected as to become a public nuisance, or such 
remains interfere with the improvements, extensions, and interests 
of such cities, boroughs, or towns,” approved the twelfth day of May, 
one thousand eight hundred eighty-seven (P. L. 96). 

An act entitled “An act to provide for licensing and taxing foreign 
dealers in merchandise and their agents in the several cities and 
boroughs in the Commonwealth,” approved the twenty-fourth day of 
May, one thousand eight hundred eighty-seven (P. L. 185). 

An act entitled “An act declaring and defining the limits of town- 

ships, boroughs and cities bounded by any of the navigable streams 
of the Commonwealth,” approved the twenty-fourth day of May, 
one thousand eight hundred eighty-seven (P. L. 203). 
- An act entitled “An act to authorize cities and boroughs to con- 
demn property and rights inside and outside of their limits, for the 
purpose of obtaining and supplying water,” approved the twenty- 
fifth day of May, one thousand eight hundred eighty-seven (P. L. 
267). 

An’ act entitled “A further supplement to an act, approved the 
eleventh day of June, Anno Domini one thousand eight hundred and 
seventy-nine, entitled ‘A supplement to an act for the regulation of 


boroughs,’ approved the third day of April, one thousand eight lun- 


dred and seventy-one, providing for the adjustment of indebtedness 
and government of the boroughs, townships and school districts af- 
fected by changes of limits of any borough in the Commonwealth,” 
approved the first day of June, one thousand eight hundred eighty- 
seven (P. L. 285). 

Section eleven of an act entitled “An act authorizing the con- 
demnation of turnpikes, roads or highways, heretofore or hereafter 
constructed, wholly, or in part, in any county of this Common- 


10H 143 


wealth, for public use, free from tolls and toll-gates, and the assest- 
ment, upon the proper county, of the damages to which the owner or 
owners thereof may be entitled, by a jury uf viewers, duly appointed 
by the court of quarter sessions of the proper county, and providing 
for the maintenance of any such condemned turnpike, road or high- 
way by the proper city, township or district,’ approved the second 
day of June, one thousand eight hundred eighty-seven (P. L. 306). 

An act entitled “An act to provide for the licensing of transient 
retail merchants in cities, boroughs and townships,” approved the 
fourth day of May, one thousand eight hundred eighty-nine (P. L. 
86). 

An act entitled “An act fixing the compensation of borough and 
township auditors in this Commonwealth,” approved the fourth day 
of May, one thousand eight hundred eighty-nine (P. L. 86). 

An act entitled “An act relating to unused streets, lanes and al- 
leys,” approved the ninth day of May, one thousand eight hundred 
eighty-nine (P. L. 173). 

An act entitled “An act to provide for an Bate? by county com- 
missioners, cities or other municipalities, and all persons interested 
in the damages awarded for laying out, widening, grading, opening 
or changing the lines or grades of any public street, road or alley in 
this Commonwealth, from the decree of the court of quarter sessions 
confirming the report of the viewers assessing such damages,” ap- 
proved the fifteenth day of April, one thousand eight hundred ninety- 
one (P. L. 17). 

An act entitled “An act in relation to the laying out, opening, 
widening, straightening, extending or vacating streets and alleys, 
and the construction of bridges in the several municipalities of this 
Commonwealth, the grading paving, macadamizing or otherwise im- 
proving streets and alleys, providing for ascertaining the damages to 
private property resulting therefrom, the assessment of the damages, 
costs and expenses thereof upon the property benefited, and the con- 
struction of sewers and payment of the damages, costs and expenses 
thereof, including damages to private property resulting therefrom,” 
approved the sixteenth day of May, one thousand eight hundred 
ninety-one (P. L. 75). 

An act entitled “An act to limit the period within which pisthtions 
for the assessment of damages for the opening or widening of any 
street, road or highway, may be filed in the court of quarter sessions,” 
approved the twenty-third day of May, one thousand eight pEnees 
ninety-one (P. L. 109). 

An act entitled “An act to provide for the security to be entered 
by municipal corporations for the taking of land for the opening or 
widening of roads, streets and highways.” approved the twenty- 
third day of May, one thousand eight hundred ninety-one (P. L. 109). 


144 


~ An act entitled “An act to provide for an appeal to the court 0! 
common pleas, from the decree of the court of quarter sessions con- 
‘firming any award of viewers in proceedings to assess damages for 
‘the opening, widening or changing of grade of any street, road or 
highway,” approved the twenty-sixth day of May, one thousand eight 
“hundred ninety-one (P. L. 116). 

Section one of an act entitled “A supplement to an act, entitled 
‘An act for future regulations of appeals from assessment of dam- 
“ages to owners of property taken for public use,’ approved the thir- 
‘teenth day of June, one thousand eight hundred and seventy-four,” 
approved the second day sai June, one thousand eight hundred ninety- 
one (P. L. 172). 

An act entitled “An act to amend an act, entitled ‘An act to pro- 
vide for the licensing of transient retail merchants in cities, bor- 
~oughs and townships,’ empowering councils to increase the maximum 
license,” approved the tenth day of May, one thousand eight hun- 
dred eight hundred ninety-three (P. L. 35). 

An act entitled “An act to empower boroughs and cities to es- 
tablish a police pension fund, to take property in trust therefor and 
“regulating and providing for the regulation of the same,” approved 
the twenty-fourth day of May, one thousand eight hundred ninety- 
‘three (P. L. 129). 

An act entitled “An act to provide for the establishing and ascer- 
- taining the lines and boundaries between two or more cities, boroughs 
or townships, cities and boroughs, townships and boroughs, or cities 
and townships, within this Commonwealth, and regulating the pro- 
ceedings thereof,” approved the third day of June, one thousand 
eight hundred ninety-three (P. L. 284). | 

‘An act entitled “An act to amend the first section of an act, en- 
titled ‘An act in relations to the laying out, opening, widening, 
straightening, extending or vacating streets and alleys, and the con- 
struction of bridges in the several municipalities of this Common- 
wealth, the grading, paving, macadamizing or otherwise improving 
“streets and alleys, providing for ascertaining the damages to pri- 
vate property resulting therefrom, the assessment of the damages, 
costs and expenses thereof upon the property benefitted, and the con- 
struction of sewers and payment of the damages, costs and expenses 
thereof, including damages to private property resulting therefrom,’ 
“approved the sixteenth day of May, Anno Domini one thousand eight 
hundred and ninety-one providing for assessment of damages where 
streets and alleys are changed in grade or location,” approved the 
twelfth day of June, one thousand eight hundred ninety-three (P. L. 
459). 

An act entitled “An act relating to actions brought to ascertain 
or recover damages for appropriation of rights of way or easements 


145 


in lands by corporations invested with the right of eminent domain, 
and empowering and authorizing owners of lands and corporations, 
municipal or otherwise, desiring to exercise the right of eminent 
domain in such lands, to waive the assessment of damages by view- 
ers, and granting the right to either party to demand and have the 
jury engaged in trying such action visit and view said land and 
premises,” approved the twenty-first day of May, one thousand eight 
hundred ninety-five (P. L. 89). 

An act entitled “An act amending section nine of an act, entitled 
‘An act in relation to the laying out, opening, widening, straighten- 
ing, extending or vacating streets and alleys, and the construction 
of bridges in the several municipalities of this Commonwealth, the 
grading, paving, macadamizing or otherwise improving streets and 
alleys, providing for ascertaining the damages to private property 
resulting therefrom, the assessment of the damages, costs and ex- 
penses thereof, upon the property benefitted, and the construction of 
sewers and payment of the damages, costs and expenses thereof, 
including damages to private property resulting therefrom,’ ap- 
proved May sixteenth, Anno Domini one thousand eight hundred and 
ninety-one, enabling municipal corporations to lay out, open, widen, 
extend and vacate streets or alleys, upon petition or without peti- 
tion of property owners,” approved the twenty-second day of May, 
one thousand eight hundred ninety-five (P. L. 106). 

An act entitled “An act providing for the manner of ascertaining, 
determining, awarding and paying compensation and damages in all 
cases where municipalities of this Commonwealth may hereafter be 
authorized by law to take, use and appropriate private property for 
_ the purpose of making, enlarging and maintaining public parks 
within the corporate limits of such municipality,’ approved the 
eighth day of June, one thousand eight hundred ninety-five (P. L. 
188). 

An act entitled “An act to authorize cities, boroughs and town- 
ships of this Commonwealth to appropriate moneys for Memorial Day 
services,” approved the twenty-fifth day of June, one thousand eight 
hundred ninety-five (P. L. 298). 

An act entitled “An act conferring upon municipalities the right 
of eminent domain for the purpose of appropriating public property 
for the use of the National Guard of Pennsylvania,” approved the 
twenty-sixth day of June, one thousand eight hundred nineknae 
(P. L. 332). 

An act entitled “An act regulating the letting of contracts for 
the erection and construction of public buildings,” approved the 
second day of July, one thousand eight hundred ninety-five (P. L. 
426). 

An act entitled “An act to regulate the remuneration of police- 
men and constables employed as policemen throughout the Common- 


146 


wealth of Pennsylvania, and prohibiting them from charging or ac- 
cepting any fee or other compensation, in addition to their salary, 
except as public rewards and mileage for traveling expenses,” ap- 
proved the fourteenth day of July one thousand eight hundred 
ninety- -seven (P. L. 266). 

An act entitled “An act authorizing any borough or city within 
this Commonwealth to vacate, change, alter or relocate the course 
or channel of any creek, run or natural waterway, other than navig- 
able streams, and for this purpose to enter upon, condemn and take 
property and materials necessary to such vacation, change, alteration 
or relocation, and providing for the ascertainment and assessment 
of costs, damages and expenses, as well as the levy and collection of 
benefits arising therefrom, and constituting such benefits a lien upon 
the properties upon which they are respectively assessed,” approved 
the twenty-eighth day of April, one thousand eight hundred ninety- 
nine (P. L. 74). 

Section eleven of an act entitled “An act supplementary to an act 
approved the second day of June, Anno Domini one thousand eight 
hundred and eighty-seven, entitled ‘An act authorizing the condemna- 
tion of turnpikes, roads or highways heretofore or hereafter con- 
structed, wholly, or in part, in any county of this Commonwealth, 
for public use, free from tolls and toll gates, and the assessment, 
upon the proper county, of the damages to which the owner or owners 
thereof may be entitled, by a jury of viewers, duly appointed by the 
court of quarter sessions of the proper county, and providing for the 
maintenance of any such condemned turnpike, road or highway by 
the proper city, township, or district,’ extending its provisions, so as 
to authorize the condemnation of any turnpike, road or highway, in 
whole or in part located upon the line dividing two counties, and to 
assess the damages, payable to the owner or owners thereof equit- 
ably between such two counties,” approved the twenty-eighth day of 
April, one thousand eight hundred ninety-nine (P. L. 79). | 

An act entitled “An act amending section eight of an act, entitled 
‘An act in relation to the laying out, opening, widening, straighten- 
ing, extending or vacating streets and alleys, and the construction of 
bridges in the several municipalities of this Commonwealth, the 
grading, paving, macadamizing or otherwise improving streets and 
alleys, providing for ascertaining the damages to private property 
resulting therefrom, the assessment of the damages, costs and ex- 
penses thereof upon the property benefited, and the construction of 
sewers and payment of the damages, costs and expenses thereof, in- 
cluding damages to private property resulting therefrom,’ approved 
May sixteenth, Anno Domini one thousand eight hundred and ninety- 
one, extending the provisinus of said act to the grading, paving, curb- 


147 


ing, macadamizing, or improvement of parts of streets or alleys,” ap-. 
proved the twenty-eighth day of April, one thousand eight hundred 
ninety-nine (P. L. 100). | 

An act entitled “An act to provide for the licensing of transient, 
retail merchants in cities, boroughs and townships, and providing 
a penalty for failures to obtain the same,” approved the second day 
of May, one thousand eight hundred ninety-nine (P. L. 159). 

An act entitled “An act making it lawful for any municipality, in 
which a corporation created and existing under and by virtue of the 
laws of this Commonwealth, have constructed and are maintaining, 
or may hereafter construct and maintain, sewers, culverts, con- 
duits and pipes, with the necessary inlets and appliances, for sur- 
face, under surface and sewage drainage, to become the owner of 
such sewers, culverts, conduits and pipes, with the necessary inlets 
and appliances aforesaid; providing the amount to be paid for the 
Same, and the manner of ascertaining such amount in case of dis- 
agreement between the municipality and the corporation owning the 
same,” approved the nineteenth day of April, one thousand nine hun- 
dred one (P. L. 82). 

An act entitled “An act authorizing borough cquncis or Sheol 
boards of this Commonwealth to purchase, acquire, take, use and 
appropriate private property for public library purposes, and pro- 
viding the manner in which damages sustained thereby shall be as- 
sessed and collected,’ approved the eleventh day of May, one thou- 
sand nine hundred one (P. L. 169). 

An act entitled “An act to provide for the alteration of. the bounda- 
ries of townships and boroughs in certain cases, and the adjustment 
of the indebtedness thereof,” approved the eleventh day of May, one 
thousand nine hundred one (P. L. 177). 

Section two of an act entitled “An act authorizing the abandon- 
ment by turnpike road or highway companies of such portion or por- 
tions of their turnpike roads or highways as are separtated, as to 
ownership or possession, from the longest continuous portion thereof 
remaining in the possession or ownership of such companies after the 
appropriation or condemnation to public use of an intermediate por- 
tion or portions thereof; also prescribing the method of making such 
abandonment and the giving of notice thereof to township authorities, 
and providing for the future disposition of such abandoned portion 
or portions of said turnpike roads or highways,” approved the fourth 
day of June, one thousand nine hundred one (P. L. 359). 

An act entitled “An act relating to railroad crossings of highways, 
and for the regulation, alteration and abolition of grade crossings, 
except in cities of the first and second classes,” approved the seventh 
day of June, one thousand nine hundred one (P. L. 581). 

An act entitled “An act authorizing and empowering bor- 
oughs and incorporated towns to take, use and appropriate private — 


148 


_ property for necessary public buildings and works within the cor- 
porate limits of such municipality; and providing for the manner 
of ascertaining, determining, awarding and paying compensation 
and damages therefor,” approved the tenth day of June,-one thou- 
sand nine hundred one (P. L. 555). 

An act entitled “An act for the establishment and maintenance of 
_ public libraries in cities of the second and third class and in bor- 
oughs,” approved the seventeenth day of June, one thousand nine 
hundred one (P. L. 569). | 

An act entitled “An act regulating the filing of reports of viewers, 
or juries of view, appointed by the courts of this Commonwealth to 
assess damages and benefits for the taking, injury or destruction of 
private property in the construction or enlargement of public works, 
highways or improvements,” approved the eighteenth day of March, 
one thousand nine hundred three (P. L. 28). 

An act entitled “An act authorizing councils, in boroughs and in 
cities of the second class and third class, within this Commonwealth, 
to issue subpoenas, and to take the testimony of witnesses in any 
pending case of inquiry, investigation, or impeachment; also pro- 
viding for the compulsory production of books and papers, and a 
mode of compelling the attendance of witnesses, by attachment for 
contempt; and providing for the punishment of perjury, by witnesses 
so called,” approved the nineteenth day of March, one thousand nine 
hundred three (P. L. 31). 

An act entitled “An act amending section nine of an act, entitled 
‘An act in relation to the laying out, opening, widening, straighten- 
ing, extending or vacating streets and alleys and the construction 
of bridges in the several municipalities of this Commonwealth, the 
grading, paving, macadamizing or otherwise improving streets and 
alleys, providing for ascertaining the damages to private property 
resulting therefrom, the assessment of the damages, costs and ex- 
penses thereof upon the property benefited, and the construction of 
sewers and payment of the damages, costs and expenses thereof, in- 
cluding damages to private property resulting therefrom,’ approved 
May sixteenth, Anno Domini one thousand eight hundred and ninety- 
one, enabling municipal corporations to lay out, open, widen, extend, 
and vacate streets or alleys, upon petition or without petition of 
property owners, as amended by the act approved the twenty-second 
day of May, Anno Domini one thousand eight hundred and ninety- 
five, providing for the approval of ordinances by the city recorder 
and the publication of the ordinances,” approved the nineteenth day 
of March, one thousand nine hundred three (P. L. 35). 

An act entitled “An Act to provide for the confirmation of the re- 
ports of viewers, or juries of view, appointed by the courts of quarter 
sessions to assess damages and benefits, and for the collection of 
damages in such proceedings,” approved the twenty-seventh day of 
March, one thousand,nine hundred three (P. L. 83). 


149 





An act entitled “An act amending sections two and six of an act, 
entitled ‘An act in relation to the laying out, opening, widening, - 
straightening, extending or vacating streets and alleys, and the con- 
struction .of bridges in the several municipalities of this Common- 
wealth, the grading, paving, macadamizing or otherwise improving 
streets and alleys, providing for ascertaining the damages to private 
property resulting therefrom, the assessment of the damages, costs . 
and expenses thereof upon the property benefited, and the construc- 
tion of sewers and payment of the damages, costs and. expenses 
thereof, including damages to private property resulting therefrom,’ 
approved the sixteenth day of May, Anno Domini one thousand eight 
hundred ninety-one,” approved the second day of April, one thou- 
sand nine hundred three (P. lL. 124). 

An act entitled “An act enabling the burgess and council i any 
borough or incorporated town, by ordinance, to annex to the borough 
or incorporated town adjacent territory upon petition of a majority 
of the freehold owners thereof,” approved the twenty-second ani of 
April, one thousand nine hundred three (P. L. 247). A403 

An act entitled “An act to permit farmers to sell their own’ pro- 
ducts without a license-fee, in and about the streets of any borough 
or city of this Commonwealth,” approved the twenty-second ay of 
April, one thousand nine hundred three (P. L. 258). i 

An act entitled “An act to further define the police power of 
cities of the third class and boroughs, with reference to electric light 
wires,” approved the twenty-eighth day of April, one thousand nine 
hundred three (P. L. 335). 

An act entitled “An act authorizing the municipalities of the Com- 
monwealth to vacate, in whole or in part, all streets, lanes and al- 
leys within their corporate limits, laid out by this Commonwealth, 
whenever the same, or the portion to be vacated, shall have remained 
unopened for a continuous period of thirty years next preceding 
such vacation,” approved the twenty-first day of March, one thou- 
sand nine hundred five (P. L. 46). 

An act entitled “An act providing for the payment of the expense 
of maintaining prisoners, committed to county prisons for non-pay- 
ment of fines or penalties imposed for the violation of city or borough 
ordinances, or ordinances of townships of the first class, by the city, 
borough, or township of the first class, to which such fines are pay- 
able,” approved the twenty-eighth day of March, one thousand nine 
hundred five (P. L. 61). 

An act entitled “An act to provide for the vacation and closing 
of alleys, lanes, or passageways that are, or may hereafter become, 
public nuisances; and to compensate abutting property owners or 
others who may be damaged thereby, and assess benefits, if any there 
be,” approved the seventeenth day of April, one thousand nine hun- 
dred five (P. L. 193). 

on 


150 nea 






re ee a en ee 


3 An act entitled “An act supplementary to an act, entitled ‘An act 


‘in relation to the laying out, opening, widening, straightening, ex- 
tending or vacating streets and alleys, and the construction of bridges, 
in the several municipalities of this Commonwealth, the grading, 
paving, macadamizing or otherwise improving streets and alleys, 
' providing for ascertaining the damages to private property resulting 


therefrom, the assessment of the damages, costs and expenses thereof 
upon the property benefited, and the construction of sewers and 
the payment of the damages, costs and expenses thereof, including 
the damages to private property resulting therefrom,’ approved the 
sixteenth day of May, Anno Domini one thousand eight hundred 
and ninety-one; relating to exceptions and to the confirmation of the 
reports of viewers and of parts thereof, and of appeals to the Su- 
perior and Supreme Court from the confirmation of viewers’ reports 
or parts thereof, the manner of taking the same and the effect 


_ thereof” approved the eighteenth day of April, one thousand nine 


hundred five (P. L. 198). 

An act entitled “An act to provide for the repair and maintenance 
or improvement, by the proper county, city or borough, of turnpikes 
heretofore or hereafter appropriated or condemned, or any part 
thereof, for public use free of tolls,’ approved the twentieth day 
of April, one thousand nine hundred five (P. L. 237). 

An act entitled “An act authorizing vacation of public highways 
at grade crossings over railroads, and the opening of undergrade or 
overgrade crossings in lieu thereof, by the court of quarter sessions,” 
approved the twenty-second day of april, one thousand nine hundred 
five (P. L. 295). 

An act entitled “An act authorizing the county commissioners of 


‘the several counties, or the town councils of the several boroughs, 


of this Commonwealth, or both, to appropriate annually a sufficient 
sum of money to each Post of the Grand Army of the Republic, in 
their respective counties. or boroughs, to aid in defraying the ex- 
penses of Memorial Day,” approved the twenty-first day of March, 
one thousand nine hundred seven (P: L. 22). 

An act entitled “An act supplementary to an act entitled ‘An act 
enabling the burgess-and council of any borough or incorporated 
town, by ordinance, to annex to the borough or incorporated. town 
adjacent territory, upon petition of a majority of the freehold owners 
thereof,’ approved the twenty-second day of April, one thousand nine 
hundred and three; enabling the burgess and council of any borough 
or incorporated town, by ordinance, to annex to the borough or in- 
corporated town adjacent territory, in the same or an adjoining 
county, upon petition of a majority of the freehold owners thereof,” 


‘approved. the twenty-first day of March, one thousand nine hundred 


seven (P. L. 25). 


151 


An act entitled “An act fixing the pay of commissioners of roads, 


7 ia yi. ae ik az 


viewers, reviewers, and re-reviewers of roads and bridges, and com- — 


missioners appointed to run, establish or re-establish township lines, 
or to divide townships, or to divide townships into election districts, 


or boroughs into wards, in this Commonwealth,” approved the fourth ~ 


day of April, one thousand nine hundred seven (P. L. 44). 

An act entitled “An act to amend section one of the act, approved 
May twenty-fifth, one thousand eight hundred and eighty-seven, en- 
titled ‘An act to authorize cities and boroughs to condemn property 
and rights, inside and outside of their limits, for the purpose of 
obtaining and supplying water,’ so as to include springs,” approved 
the fifteenth day of April, one thousand nine hundred seven (P. 
L. 90). 

An act entitled “An act to amend the first section of an act, 
entitled ‘An act to provide for the repair and maintenance or im- 
provement, by the proper county, city, or borough of turnpikes here- 
tofore or hereafter appropriated or condemned, or any part thereof, 
for public use free of tolls, approved the twentieth day of April, 
Anno Domini one thousand nine hundred and five; providing for 
the repair and maintenance or improvement, by the proper county, 
city, or borough, of turnpikes heretofore or hereafter abandoned, or 
any part thereof, and for the repair, maintenance, or improvement of 
any turnpike, or part thereof, where the company or association 
owning the same has been or may hereafter be dissolved,” approved 
the twenty-fifth day of April, one thousand nine hundred seven (P. 
L. 104). 

An act entitled “An act authorizing municipal corporations, own- 
ing their own water systems, to relocate roads destroyed by overflow 
of reservoirs, or otherwise, and to acquire land to preserve water’ 
supply from contamination,” approved the seventh day of May, one 
thousand nine hundred seven (P. lL. 167). 

An act entitled “An act exempting certain real estate from the 
power of eminent domain as exercised by corporations incorporated 
under the laws of Pennsylvania,” approved the tenth day of May, 
one thousand nine hundred seven (P. L. 196). 

An act entitled “An act providing for the payment of the premiums 
on bonds of county, city, borough, school-district; and township 
employes,” approved the twenty-third day of May, one thousand 
nine hundred seven (P. L. 225). 

An act entitled “An act to provide for the alteration of the 
boundaries of contiguous boroughs and townships within this Com- 
monwealth, by detaching part or parts of the land embraced within 


the lines of any borough and annexing such territory to any adjacent 


or contiguous township or townships; and for. adjustment of the 


a 


indebtedness of the boroughs and townships affected by such change 
of boundaries or limits,” approved the twenty-eighth day of May, 
one thousand nine hundred seven (P. L. 264). 

An act entitled “An act to authorize municipalities or townships 

to make assessments for municipal improvements outside of their 
corporate limits, under certain conditions,’ approved the twenty- 
eighth day of May, one thousand nine hundred seven (P. L. 287). 
. An act entitled “An act to provide for the planting and care of 
shade-trees, on highways of townships of the first class, boroughs, 
and cities of the Commonwealth of Pennsylvania, and providing for 
the cost thereof,” approved the thirty-first day of May, one thousand 
nine hundred seven (P. L. 349). 

An act entitled “An act providing for the acquiring of water 
plants or systems by municipalities, from corporations, firms, or 
individuals, and the manner of ascertaining and arriving at the value 
of the same; and to authorize municipalities of this Commonwealth 


‘to issue bonds, secured by such water plants or systems, for the 


payment thereof; and to provide a sinking-fund therefor, out of the 
revenues of said plants,” approved the thirty-first day of May, one 
thousand nine hundred seven ( P. L. 355). 

' An act entitled “An act to amend section one of an act, entitled 
‘An act authorizing find empowering borough and incorporated towns 
to take, use, and appropriate private property for necessary public 
buildings and works within the corporate limits of such municipality; 
and providing for the manner of ascertaining, determining, award- 
ing and paying compensation and damages therefor,’ approved June 
tenth, one thousand nine hundred and one; extending the provisions 
of the act to the taking, use and appropriation of private property 
for a filter plant,” approved the first day of June, one thousand 
nine hundred seven (P. L. 365). 

An act entitled “An act providing a method to secure possession 
of lands, buildings or other property acquired under the power of 
eminent domain,” approved the seventh day of June, one thousand 
nine hundred seven (P. L. 461). 

An act entitled “An act to provide for the vacation and closing 
of alleys, lanes, or passageways that are or may hereafter become 


public nuisances and to copensate abutting property owners or others 
who may be damaged thereby, and assess benefits if any there be,” 


approved the eighth day of June, one thousand nine hundred seven 
(P. L. 503). 

An act entitled “An act relating to armories for the National 
Guard of Pennsylvania; authorizing counties, cities, towns, boroughs, 
and othe municipal divisions of the Commonwealth to provide and 
appropriate moneys, or purchase and convey land, or convey land 
owned by any county, city, town, borough or other municipal division 


153 


of the Commonwealth, to assist the Armory Board in the erection 
of armories, and to furnish, free of cost to the Commonwealth, water, 
light, fuel, either or all, for use in any armory,’ approved the 
fifteenth day of March, one thousand nine hundred nine (P. L. 33). 
An act entitled “An act authorizing municipalities to purchase or 


condemn public toll-briges crossing rivers or streams within the_ 
limits thereof; and giving power to municipalities to charge and 


collect tolls or rentals, for the use of any such bridge, from railway, 
telephone, and telegraph companies, and other persons making a use 


thereof for other than ordinary public foot and vehicle travel; and 


providing for the preservation of existing contracts with such per- 
sons, and their assignment to such municipality,” approved the 
twenty-fourth day of March, one thousand nine hundred nine (P. L. 
67). 

An act entitled “An act to amend an act approved the fourth day 
of April, Anno Domini one thousand nine hundred and seven, en- 


titled ‘An act providing for the recovery and collection of municipal ~ 


claims by lien or by action of assumpsit,’ by conferring jurisdiction 
upon justices of the peace, in such cases,” approved the twenty- “fitth 
day of March, one thousand nine hundred nine (P. L. 78). 

An act entitled “An act to permit the acquisition of forest or other 
suitable lands by municipalities, for the purpose of establishing 
municipal forests; and providing for the administration, mainten- 
ance, protection, and development of such forests,’ approved the 
twenty-second day of April, one thousand nine hundred nine (P. L. 
124). 

An act entitled “An act to amend sections five and six of an act, 
entitled ‘An act providing for the acquiring of water plants or 
systems by municipalities, from corporations, firms, or individuals, 
and the manner of ascertaining and arriving at the value of the same; 
and to authorize municipalities of this Commonwealth to issue bonds, 
secured by such water plants or systems, for the payment, thereof; 
and to provide a sinking-fund therefor, out of the revenues of said 
plants,’ approved May thirty-first, one thousand nine hundred and 
seven; limiting the liability of municipalities on the bonds issued 
for such water plants or systems, and providing that the bonds men- 


tioned in said act shall be payable in thirty years from date of their 


issue,” approved the twenty-second day of APT: one thousand nine 
hundred nine (P. L. 135). 

An act entitled “An act to empower township and borough auditors 
to employ an attorney, and providing for their compensation,”  ap- 
proved the twenty-seventh day of April, one thousand nine hundined 
nine (P. L. 261). 

An act entitled “An act to amend sections one and two of an 
act, entitled ‘A supplement to an act, entitled “An act supplementary 
to an act relative to burial-grounds and cemeteries situated in in- 


154 


corporated boroughs, approved the nineteenth day of May, one 
thousand eight hundred and seventy-four, changing the title of said 
act, and authorizing the court to make orders and decrees required 
by the act, and to enforce the same by process,” approved the thir- 
teenth day of May, eighteen hundred and seventy-six, further em- 
powering courts to direct removal of remains in boroughs, cities and 
towns from burial grounds where interments have ceased or have 
become so neglected as to become a public nuisance, or such remains 
interfere with the improvements, extensions, and interests of such 
cities, boroughs, or towns,’ by further providing that such removal 
may be authorized when said lands shall be desired by said munici- 
palities, or the school districts thereof, for the erection of municipal, 
school or public library buildings thereon, or for any other public 
puropse,” approved the twenty-ninth day of April, one thousand 
nine hundred nine (P. L. 291). 

An act entitled “An act relating to the settlements and audits of 
the accounts of all officers of boroughs, townships, poor districts, 
and school districts, and appeals therefrom to the common pleas and 
thence to the Supreme and Superior Courts, and providing a penalty 
for violations thereof,” approved the third day of May, one thousand 
nine hundred nine (P. L. 392). 

An act entitled “An act authorizing townships of the first class 
and boroughs of this Commonwealth to acquire, by taking and ap- 
propriating under right of eminent domain, and by gift, devise, 
purchase, lease and otherwise, private property, for the purpose of 
making, enlarging, extending, and maintaining public parks, park- 
ways, and playgrounds; requiring the consent of the qualified electors 
to such acquiring in certain cases, and providing the procedure for 
obtaining such consent; authorizing the said townships and boroughs 
to improve, maintain, and regulate such parks, parkways and play- 
grounds; and providing for the manner of securing, ascertaining, 
determining, awarding, and paying compensation and damages where 
property is taken, used, and appropriated for the said purposes,” 
approved the third day of May, one thousand nine hundred nine 
(P. L. 401). 

An act entitled “A supplement to an act, entitled ‘An act relating 
to roads, highways and bridges,’ approved the thirteenth day of 
June, Anno Domini eighteen hundred and _ thirty-six,” approved 
the fifth day of May, one thousand nine hundred eleven (P. L. 128). 

An act entitled “An act to amend section one of ‘An act au- 
thorizing and empowering boroughs and incorporated towns to take, 
use, and appropriate private property for necessary public buildings 
and works within the corporate limits of such municipality; and 
providing for the manner of ascertaining, determining, awarding, . 


155 


and paying compensation and damages, therefor,’ approved the tenth | 


day of June, one thousand nine hundred and one, so as,to extend 
the same to townships of the first class,” approved fifth day of May, 
one thousand nine hundred eleven (P. L.'168). 

An act entitled “An act to empower any taxpayer of any town- 
ship, borough, poor district, or school district, upon providing for 
costs, to appeal in behalf of such municipality to the court of 
common pleas of the proper county, from the judgment of any 
justice of the peace or aiderman against such municipality, and to 
become.a party to such suit,” approved the eleventh day of May, 
one thousand nine hundred eleven (P. L. 208). ee 

An act entitled “An act providing for the payment of the costs 
of proceedings and the expenes of maintaining prisoners committed 
to county prisons, either for non-payment of fines or penalties 
imposed for, or while awaiting a hearing upon, any charge for the 
violation of Any city or borough ordinance, or any ordinance of 
township of the first class whose ordinances are alleged to have 
been violated, or to which any such fines or penalties are payable,” 
approved the seventh day of June, one thousand nine hundred eleven 
(P. L. 677). 

An act entitled “An act fixing the time for organization of the 
legislative departments of municipal governments, and for the in- 
auguration of mayors of cities,’ approved the ninth day of June, 
one thousand nine hundred eleven (P. L. 857). | 

An act entitled “An act to amend the first section of an act, ap- 
proved the twenty-first day of March, Anno Domini one thousand 
rine hundred and seven, entitled ‘An act authorizing the county 
commissioners of the several counties, or the town councils of the 
several boroughs, of this Commonwealth, or both, to appropriate 
annually a sufficient sum of money to each Post of the Grand Army 
of the Republic, in their respective counties or boroughs, to aid 
in defraying the expenses of Memorial Day,’ by requiring the com- 
missioners to make the payments specified, and fixing the maximum 
amount thereof,’ approved the ninth day of June, one thousand 
nine hundred eleven (P. L. 863). 

An act entitled “An act relating to the settlement and acuait 
of the accounts of all officers, elected or appointed, of boroughs, 
townships, poor districts, and school districts; prescribing the time 
for such settlement and audits, for the matters to be contained -in 
the report of settlement and audit, for the filing of said report in 
the office of the clerk of quarter sessions, and for appeals to the 
court of common pleas and Superior and Supreme Courts,,” approved 
the ninth day of June, one thousand nine hundred eleven (P. L. 
_ 865). 7 


156 


ge 





- An act entitled “An act providing a system whereby boroughs 
nay build sewers; giade, sub-grade, and pave streets and alleys; 
_ pay the costs thereof by the issue of bonds, and collect the same 
; from the property benefited, in instalments,” approved the fifteenth 
r day of June, one thousand nine hundred elven (P. L. 971). 
_ An act entitled “An act to amend the second section of an act, 
_ approved the twenty-fifth day of May, Anno Domini one thousand 
eight hundred and eighty-seven, entitled ‘An act to authorize cities 
and boroughs to condemn property and rights, inside and outside 
of their limits, for the purpose of obtaining and supplying water,’ 
by fixing the number of the viewers at three,” approved the nine 
teenth day of June, one thousand nine hundred eleven (P. L. 1033). 

An act entitled “An act to amend the first section of an act, 
approved the eighth day of June, Anno Domini one thousand nine 
hundred and seven, entitled ‘An act to provide for the vacation and 
closing of alleys, lanes, or passageways that are, or may hereafter 

become, public nuisances, and to compensate abutting property ' 
owners or others who may be damaged thereby, and assess benefits 
if any there be,’ by fixing the number of the jury at three,” approved 
the nineteenth day of June, one thousand nine hundred eleven (P. 
L. 1036). 

An act entitled “An act to amend the first section of an act, 
approved the seventeenth day of April, Anno Domini one thousand 
nine hundred and five, entitled ‘An act to provide for the vacation 
and closing of alleys, lanes, or passageways that are, or may here- 
after become, public nuisances; and to compensate abutting property 
owners or others who may be damaged thereby, and assess benefits 

_ if any there be,’ by fixing the number of the jury at three,” approved 
the twentieth day of June, one thousand nine hundred eleven (P. 
L. 1087). 

An act entitled “An act to amend the first section of an act, ap- 
proved the tenth day of June, one thousand nine hundred one, entitled 
‘An act authorizing and empowering boroughs and incorporated 
towns to take, use, and appropriate private property for necessary 
public buildings and work within the corporate limits of such munici- 
pality; and providing for the manner of ascertaining, determining, 
awarding, and paying compensation and damages therefor,’ as 
amended by the first section of an act,’approved the fifth day of 
May, one thousand nine hundred eleven, entitled ‘An act to amend 
section one of “An act authorizing and empowering boroughs and 
incorporated towns to take, use, and appropriate private property 
for necessary public buildings and works within the corporate limits ' 
of such municipality; and providing for the manner of ascertaining, 
determining, awarding, and paying compensation and damages there- 
for,” approved the tenth day of June, one thousand nine hundred 
and one, so as to extend the same to townships of the first class,’ 


157 


—".- 


by-extending the act to include townships of the second class,”, 
approved the fifteenth day of April, one tie? nine hundred a“ 
teen (P. L. 66). 

An act entitled “An act regulating the letting of certain contracts 


for the erection, construction, and alteration of public buildings,” — 


3 
J 


approved the first day of pee, one thousand nine hundred acces . 


(P. L. 155). 





An act entitled “A supplement to an act, entitled ‘An act in 


relation to the laying out, opening, widening, straightening, extend- 
ing, or vacating streets and alleys, and the construction of bridges, 
in the several municipalities of this Commonwealth; the grading, 
paving, macadamizing, or otherwise improving, streets and alleys; 


providing for ascertaining the damages to private property resulting © 


therefrom, the assessment of the damages, costs, and expenses thereof 
upon the property benefited, and the construction of sewers and 
payment of the damages, costs, and expenses thereof, including 
damages to private property resulting therefrom,’ approved the six- 
teenth day of May, Anno Domini one thousand eight hundred and 
ninety-one empowering municipalities to locate streets and alleys, 
and to include therein streets and alleys, or parts thereof, thereto- 
fore opened or used for highway purposes,” approved the fifteenth 
day of May, one thousand nine hundred thirteen (P. L. 212). 

An act entitled ‘‘A supplement to an act, entitled ‘An act in re 
lation to the laying out, opening, widening, straightening, extend- 
ing, or vacating streets and alleys, and the construction of bridges 
in the several municipalities of this Commonwealth; the grading, 
paving, macadamizing, or otherwise improving, streets and alleys, 
providing for ascertaining damages to private property resulting 
therefrom; the assessment of the damages, costs, and expenses there- 
of upon the property benefited; and the construction of sewers, and 
payment of the damages, costs, and expenses thereof, including 
damages to private property resulting: therefrom,’ approved the six- 
teenth day of May, Anno Domini one thousand eight hundred and 
ninety-five (Pamphlet Laws, seventy-five); by providing that, in 
- proceedings to assess damages and benefits arising from improvements 
‘under the act to which this is a supplement, if property is both 
benefited and damaged by such improvements, the excess of damages 
over benefits, or the excess of benefits over damages, or nothing in 
case the benefits and damages are equal, shall be awarded to or as- 
sessed against the owners of property, and providing that the report 
thereof made by the Board of Viewers shall show the net result 
only,” approved the fifteenth day of May, one thousand nine hundred 
thirteen (P. L. 215). 

An act entitled “An act requiring a license for conducting any 
business the whole or greater part of which shall consist of the 
sale of goods which shall be held forth, represented, or advertised 


‘158 - 


to be goods of, or obtained from, the estate of any bankrupt; or 
goods of, or obtained from, an assignee, or a person, firm, or corpora- 
tion about to go out of business; or goods to have been damaged 
in any way; and regulating such licensing, and fixing a penalty for 
violation of this act,” approved the twentieth day of May, one thou- 
sand nine hundred thirteen (P. L. 227). 

An act entitled “An act to amend the title, the first section, the 
second section, and the third section of an act of Assembly, entitled 
‘An act relating to the settlement and audit of the accounts of all 
officers, elected or appointed, of boroughs, townships, poor districts, 
and school districts; prescribing the time ~for such settlement and 
audit, for the filing of said report in the office of the clerk of quarter 
sessions, and for appeals to the court of common pleas and Superior 
and Supreme Courts,’ approved the ninth day of June, Anno Domini 
one thousand nine hundred and eleven; by repealing so much thereof 
as applies to school districts,” approved the twentieth day of May, 
one thousand nine hundred thirteen (P. L. 254). 

An act entitled “An act to amend section one of an act, approved 
the third day of May, Anno Domini one thousand nine hundred and 
nine, entitled ‘An act authorizing townships of the first class and 
boroughs of this Commonwealth to acquire, by taking and appro- 
priating under right of eminent domain, and by gift, devise, purchase, 
lease, and otherwise, private property, for the purpose of making 
enlarging, extending, and maintaining, public parks, parkways, and 
playgrounds; requiring consent of the qualified electors to such 
acquiring in certain cases, and providing the procedure for obtaining 
such consent; authorizing the said townships and boroughs to im- 
prove, maintain, and regulate such parks, parkways, and play- 
grounds; and providing for the manner of securing, ascertaining, 
determining, awarding, and paying compensation and damages where 
property is taken, used and appropriated for the said purposes,’ 
by changing the limitations of the amount of money which such 
township or borough, in the exercise of the authority granted by said 
act, shall, within any period of three years, obligate itself to pay, 
without the consent of a majority of the qualified electors,” approved 
the twentieth day of May, one thousand nine hundred thirteen (P. 
t.O67)2 

An act entitled “An act amending an act, entitled ‘An act pro- 
viding a system whereby boroughs may build sewers; grade, sub-grade, 
and pave streets and alleys; pay the costs thereof by the issue of 
bonds, and collect the same from the property benefited, in instal- 
ments,’ approved June fifteen, Anno Domini one thousand nine 
hundred and eleven, by extending the provisions thereof so as to 
include the acquisition by boroughs and incorporated towns of exist- 
ing sewers and sewer systems,” approved the twenty-first day of May, 


one thousand nine hundred thirteen (P. L. 277 Ke 
ane ix 4 A ee 


O¥ THE “ 
11H 159 a 
; ral OF 


An act entitled “An act permitting counties, cities, and boroughs, 
singly or jointly, of the Commonweealth of Pennsylvania, to appro- 
priate and expend moneys for the improvement of highways outside 
the limits of such cities or boroughs, for the purpose of connecting 
improved streets of such cities or boroughs with a State highway or 
State-aid highway, when the highway outside of the limits of such 
cities or boroughs is less than gue mile in length, and will connect 
such cities or boroughs with the State highway or State-aid high- 
way,’ approved the twenty-third day of May, one thouaead. nine 
hundred thirteen (P. L. 336). 

An act entitled “An act giving to all owners or tenants of lands, 
property, or material, abutting on, or through which pass, roads, 
streets, lanes, or alleys injured by the laying out, opening, widening, 
vacating, extending, or grading of said roads, streets, lanes, or alleys. 
or the changing of grades and lines thereof, by cities, counties. 
boroughs or townships, within this Commonwealth; the construction 
and the vacating by said cities, counties, boroughs or townships of 
bridges, and the piers, abutments, approaches, embankments, slopes 
or causeways, therefor, or leading thereto, which abut on or pass 
through or along said lands, property, or material; and the con- 
struction by said cities, counties, boroughs, or townships of sewers 
in, over, upon, along, or through said lands, property, or material, 
the right to damages for said injuries; directing all juries of view 
appointed, or that shall hereafter be appointed, under existing laws 
for assessing damages or benefits for taking, using, occupying, or 
injuring lands, property or material, to assess said damages, if any, 
against said cities, counties, boroughs, or townships, as the case may 
be, and the benefits,-if any, in connection therewith; granting the 
right of appeal to the proper court of common pleas from the report 
of said juries, and the trial by jury in said court of common pleas, 
and the right to file exceptions to said report; and the right of 
appeal to the Superior Court or Supreme Court, after disposal of 
exceptions, or verdict and final judgment; and providing that this 
act shall apply to all existing and future proceedings,” approved 
the twenty-eighth day of May, one thousand nine hundred thirteen 
(P. L. 368). 

An act entitled “An act relating to ite reports of auditors of 
boroughs, townships, and poor districts, and appeals therefrom; 
giving certain powers to taxpayers in connection therewith; and 
prescribing the practice to be pursued in all appeals from such 
auditors’ reports,” approved the thirty-first day of May, one thou- 
sand nine hundred thirteen (P. L. 394). 

An act entitled “An act to authorize the display of the State, 
county, city, borough, or other municipal flags on public buildings 
in the Commonwealth,” approved the fifth day of June, one thousand 
nine hundred thirteen (P. L. 419). 


160 
































An act entitled “An act establishing a Commission of Water-works, 
a boroughs and incorporated towns of this Commonwealth; pro- 
iding for the appointment of Commissioners of Water-works and 
r escribing their powers and duties,” approved the fifth day of June, 
me thousand nine hundred thirteen (P. L. 445). 
An act entitled “An act amending the first section of an act, 
titled ‘An act to further define the police power of cities of the 
2 ird class and boroughs, with reference to electric light wires,’ ap- 
proved the twenty-eighth day of April, one thousand nine hundred 
and three, so as to include telegraph and telephone wires, and reduc- 
ix s the number of jurors,’ approved the twelfth day of June, one 
thousand nine hundred thirteen (P. L. 488). 
' An act entitled “An act relating to damages in case of taking of 
property for use as a public wharf, pier, or bulkhead,’ approved 
3 e twentieth day of June, one thousand nine hundred thirteen (P. 
. 543). 
in act entitled “An act authorizing the several counties, incor- 
porated towns, and boroughs to appropriate annually sums of money 
to each camp of the United Spanish War Veterans, and of the Army 
of the Philippines, and to each post of the American Veterans of 
J Poreign Service, in the respective counties, boroughs, and towns, to 
aid in defraying the expenses of Memorial Day,” approved the twenty- 
fifth day of June, one thousand nine hundred thirteen (P. L. 550). 
_ An act entitled “An act to authorize all cities and boroughs in the 
Commonwealth of Pennsylvania to construct and maintain comfort— 
and waiting-stations and drinking-fountains in the public high- 
ways of such municipalities, and providing the manner of ascertaining 
and collecting the damages caused by the construction of such im- 
eeevernen ts, approved the twenty-seventh day of June, one thousand 
ine hundred thirteen (P. L. 632). 
An act entitled “An act to permit viewers to award damages, for 
the vacation of streets, roads, or highways, to abutting owners, 
where no land is actually taken,” approved the twenty-seventh day 
of June, one thousand nine hundred thirteen (P. L. 633). 
| An act entitled “An act amending and supplementing an act, en- 
| itled ‘An act making it lawful for any municipality, in which a 
{corporation created and existing under and by virtue of the laws 
‘of this Commonwealth have constructed and are maintaining, or 
may hereafter construct and maintain, sewers, culverts, conduits, 
‘and pipes, with the necessary inlets and appliances for surface, under 
| surface and sewage drainage, to become the owner of such sewers, 
‘culverts, conduits, and pipes, with the necessary inlets and appliances 
‘aforesaid: providing the amount to be paid for the same, and the 
manner of ascertaining such amount in case of disagreement between 
the municipality and the corporation owning the same,’ approved 
April nineteenth, one thousand nine hundred and one, by extending 


161 
















the provisions thereof to sewers, culverts, conduits and pipes, wi 
the necessary inlets and appliances, owned by individuals and un- 
incorporated associations; and providing for the assessment of the 
costs and expenses of the property, so acquired, upon the properti 
benefited thereby or upon the proper municipality,” approved th 
twenty-first day of July, one thousand nine hundred thirteen (P. L. 
865). , 
An act entitled “An act to amend an act, entitled ‘An act in relation 
to the laying out, opening, widening, straightening, extending, or 
vacating streets and alleys, and the construction of bridges, in the 
several municipalities of this Commonwealth; the grading, paving, 
macadamizing, or otherwise improving streets and alleys; providing — 
for ascertaining the damages to private property resulting therefrom, q 
the assessment of the damages, costs and expenses thereof upon the © 
property benefited; and the construction of sewers, and payment | 
of the damages, costs, and expenses thereof, including damages 
to private property resulting therefrom,’ approved the sixteenth day 
of May, Anno Domini one thousand eight hundred and ninety- one,” ; 
approved the twenty-second day of July, one thousand nine hundred 
thirteen (P. L. 902). 

An act entitled “An act conferring certain powers upon munici-— 
palities of this Commonwealth in and on the public wharves within 
the limits of such municipalities,” approved the twenty-fourth day 
of July, one thousand nine hundred thirteen (P. L. 1017). 7 

An act entitled “An act regulating the mining out and removing of 
the coal and other minerals and support underlying and beneath 
the surface of the several streets, avenues, thoroughfares, courts, 
alleys, places, and public highways within the limits of the several 
municipal corporations, and authorizing the creation of a Bureau 
of Mine Inspection and Surface Support by any municipal corpora- 
tion, within the anthracite coal fields of this Commonwealth, and 
giving such bureau jurisdiction, and providing for the filing of 
certain maps and plans, and providing a penalty for. violation 
thereof,” approved the twenty-sixth day of July, one thousand nine 
hundred thirteen (P. L. 14389). 


(d) THE. FOLLOWING ACTS AND PARTS OF ACTS ARE RE- 
PEALED INSOFAR AS THEY CONFER ANY POWERS OR IM- ; 
POSE ANY DUTIES ON BOROUGHS; VIZ:— 


An act entitled “An act to provide for the erection and 7 a 
ing of watering troughs for the use of horses and cattle on the publigl 
roads of this Commonwealth, and providing penalties for the injury 
and destruction of. the same,” approved the twenty-eighth day of 
April, one thousand eight hundred seventy-six (P. L. 51). 

An act entitled “A supplement to an act to provide for the erectio 
and maintaining of watering troughs for the use of horses and cattle, 
on the public roads of this Commonwealth, and providing penalti 


162 


a Gee th hie 











for the injury and destruction of the same, approved the twenty- 
eighth day of April, Anno Domino one thousand eight hundred and 


“seventy- Six,” approved the twentyfifth day of June, one thousand 
‘eight hundred eighty-five (P. L. 168). 


| An act entitled “An act authorizing the grading, paving and curb- 
‘ing or macadamizing of streets and alleys, which may be in whole 


tial a. 


or in part the boundaries of boroughs and first class townships, by 
joint contract, and providing for the payment of costs, damages and 
expenses thereof,” approved the tenth day of July, one thousand nine 
hundred one (P. L. 637). 

An act entitled “An act authorizing any municipality to connect 
with the sewer of any other municipality and township of the first 
class, for sewage purposes, and providing a method for ascertaining 
the damages caused thereby, and for the assessment and payment of 
the same,” approved the seventeenth day of July, one thousand nine 
hundred one (P. L. 668). 

An act entitled “An act authorizing contracts between cities, 
boroughs, and townships, of the one part, and street passenger rail- 
way companies and motor power companies, of the other part; 
providing for the keeping of certain streets free from street railway 
tracks, by permitting the temporary relocation or abandonment of 
tracks already laid, or the postponement of the laying of ‘tracks 
duly authorized, while preserving the rights of such company 
to resume the exercise of its said franchises upon the termination 
or breach of such contract,’ approved the third day of May, one 
thousand nine hundred five (P. L. 379). 

An Act entitled “An act authorizing contracts between cities, 
boroughs or townships, of the one part, and street passenger railway 
companies, surface, elevated or underground, or motor power com- 
panies leasing and operating the franchises and porperty of such 
companies, of the other part, affecting, fixing and regulating the 
franchises, powers, duties and liabilities of such companies, the 
management of the same, the relations and respective rights of the 
contracting parties, and the ultimate acquisition by such cities, 
boroughs and townships of the property, leaseholds and franchises of 
said contracting companies,” approved the fifteenth day of April, 
ene thousand nine hundred seven (P. L. 80). 

An act entitled “An act relating to the location, construction, and 
maintenance of viaducts and bridges in boroughs and adjacent terri- 
tory; empowering the several boroughs of this Commonwealth to 
construct or have constructed bridges or viaducts over rivers, creeks, 
streams, railroads, and private land, or over and across railroads, 
and any of them or over and across railroads, for public high- 
ways and to procure locations therefor by purchase or con- 
demnation proceedings, whether the same be wholly within, 
or partly within and partly without, the borough limits; authorizing 
said boroughs to unite and enter into a contract or contracts with 


163 










the county commissioners of the proper county, and with railroad, 
street railway and other companies and parties interested, or with 
any of them, for the erection, construction, and maintenance of said © 
viaducts and bridges, and for the payment of the damage caused by 
their location and erection; and forbidding any railroad company © 
to pass under or upon any such viaduct or bridge without contribut- 
ing the cost of maintenance thereof,” approved the twenty-fifth day 
of May, one thousand nine hundred seven (P. L. 240). 

An act entitled “An act authorizing municipalities to purchase, — 
condemn, maintain, and use public toll-bridges crossing rivers or — 
streams within the limits thereof, and to enter into a contract with 
the county commissioners of the proper county,—when said commis- 
sioners are duly authorized thereto by the court of quarter sessions, © 
on petition of twenty or more tax-payers of such county,—whereby 
the said county shall pay a portion of the cost thereof; and giving 
power to the. municipalities to charge and collect tolls or rentals, 
for the use of any such bridge, from railway, telephone, and telegraph 
companies and other persons making a use thereof for other than 
ordinary public foot and vehicle travel; and providing for the preser- 
vation of existing contracts with such persons, and their assignment 
to such municipality,” approved the twenty-fourth day of March, 
one thousand nine hundred nine (P. L. 69). 

An act entitled “An act to authorize municipalities to unite in 
the construction of a sewage system, and to permit municipalities — 
to form corporations for the purpose of constructing a sewage — 
system,” approved the first day of May, one thousand nine hundred — 
nine (P. L. 306). . 

An act entitled “An act amending an act approved the twenty- -sec- 
ond day of April, Anno Domini nineteen hundred and five, entitled — 
‘An act to amend an act, entitled “An act providing for the permanent — 
improvement of certain public roads or highways in the several — 
counties of this Commonwealth, making such improved roads and — 
highways, county roads; authorizing the relocation, opening, 
straightening, widening, extension, and alteration of the same, and — 
the vacation of so much of any such road as may thereby become 
necessary; authorizing the taking of property for such improvement, — 
and providing for the compensation therefor and the damage re- 
sulting from such taking; providing for the payment of the costs and — 
expenses incurred in making such improvements, and in thereafter 
repairing and maintaining said road, and authorizing the levy of a 
tax to provide a fund for such purposes,” approved June twenty- 
sixth, one thousand eight hundred and ninety-five; providing that 
public roads and highways may be constructed, improved, and main- — 
tained by the several counties of the Commonwealth as county roads, 
whether existing by other authority or laid out in whole or in part — 
by virtue of this act; and providing that public roads and highways 


ha aun 





_ may be originally located, laid out, and established for the purpose 
d of such construction, improvement and maintenance by the several 
- counties, in the manner and by the procedure set out in the amended 
~ act, and subject to other provisions thereof; providing for the laying 
out of a system of main thoroughfares, to which the establishing, 
construction, improvement and maintenance of public roads by the 
counties shall be restricted after January one, one thousand 
nine hundred and seven; but providing for such establishing, con- 
struction, improvement and maintenance of roads not part of said 
system, upon parties interested paying not less than one-fourth of 
the original cost of construction; and providing that the county 
commissioners of any county may provide rules regulating the use 
of roads constructed and maintained by the counties; and prescrib- 
ing the penalties for the violation thereof,’ and providing that public 
roads and highways located, established, constructed and improved 
by the several counties, in the manner and by the precedure set 
out in the said acts, shall thereafter be township or borough roads, 
and be maintained and improved by the proper township or borough,” 
approved the thirteenth ey of May, one thousand nine fired 
nine (P. L. 527). 

Section eighteen of an act entitled “An act providing for the 
original location, laying out and construction of public roads or 
highways in the several counties of this Commonwealth, and for 
the permanent improvement of certain public roads or highways 
therein; making such originally constructed or improved roads 
and highways county roads; authorizing the relocation, opening, 
straightening, widening, extension and alteration of the same, and 
the vacation of so much of any road as may thereby become unneces- 
sary; providing that the county commissioners of any county may 
prescribe rules regulating the use of roads constructed or maintained 
by the various counties, and prescribing penalties for the violation 
thereof; providing for the taking of property for such improvement, 
the compensation to be paid therefor, and the payment of damages 
resulting from such taking, and the manner in which such damages 
may be determined; providing for the payment of the costs and 
expenses of such construction or improvement and in thereafter re- 
pairing and maintaining said roads; authorizing the levy of a tax 
or the issuing of bonds to provide a fund for the expense thereof; 
prescribing a method for improving a county road lying within or 
traversing a borough, and apportioning the cost of such improvement; 
and authorizing the vacation of any county road,” approved the 
eleventh day of May, one thousand nine hundred eleven (P. L. 244). 

An act entitled “An act authorizing boroughs to unite with 
boroughs or townships in constructing or acquiring and maintaining 
works for supplying water to such boroughs or townships,” ap- 
proved the first day of June, one thousand nine hundred eleven (P. 
L. 541). 


165 


An act entitled “An act to amend the first and second sections of 
an act, approved the first day of May, Anno Domini one thousand 
nine hundred and nine, entitled ‘An act to authorize municipalities 
to unite in the construction of a sewage system, and to permit 
municipalities to form corporations for the purpose of constructing 
a sewage system,’ by including townships,” approved the fifteenth 
day of June, one thousand nine hundred eleven (P. L. 966). 

An act entitled “An act providing a method whereby highways, the 
center line of which constitutes a dividing line between a city or 
borough and a township in the same county, may be altered or im- 
proved and the cost thereof apportioned,” approved the twentieth 
day of May, one thousand nine hundred thirteen (P. L. 267). 

First four paragraphs of Section one of an act entitled “An act 
to amend section eighteen of an act, entitled ‘An act providing for 
the original location, laying out, and construction of public roads 
or highways in the several counties of this Commonwealth, and for 
the permanent improvement of certain public roads or highways 
therein; making such originally constructed or improved roads and 
highways county roads; authorizing the relocation, opening, straight- 
ening, widening, extension and alteration of the same, and the va- 
cation of so much of any road as may thereby become unnecessary ; 
providing that the county commissioners of any county may prescribe 
rules regulating the use of roads constructed or maintained by the 
various counties, and prescribing penalties for the violation thereof; 
providing for the taking of property for such improvement, the com- 
pensation to be paid therefor, and the payment of damages resulting 
from such taking, and the manner in which such damages may be 
determined; providing for the payment of the costs and expenses of 
such construction or improvement and in thereafter repairing and 
maintaining said roads; authorizing the levy of a tax or the issuing 
of bonds to provide a fund for the expense thereof; prescribing a 
method for improving a county road lying within or traversing a 
borough, and apportioning the cost of such improvement; and au- 
thorizing the vacation of any county road,’ approved the eleventh 
day of May, Anno Domini one thousand nine hundred and eleven; 
by authorizing counties to contract with boroughs in the improve- 
ment of a borough street connecting with a county road; providing 
for the cost thereof; prescribing the method by which the contract 
for such improvement shall be made; and imposing the cost of main- 
tenance of such street on the borough,” approved the twentieth day 
of May, one thousand nine hundred thirteen (P. L. 273). 


(e) THE FOLLOWING ACT OF ASSEMBLY IS REPEALED IN- 
SOFAR AS IT RELATES TO HIGH CONSTABLE. 


The act of Assembly. entitled “An act to amend an act, en- 
titled ‘An act to authorize the election of constables for three years,’ 


166 


ae eh ee a ———e 


- approved the fourteenth day of February, Anno Domino one thou- 
sand eight hundred eighty-nine, by providing for the election of a 
high constable in each of the boroughs of this Commonwealth for 
three years, and by correcting the ambiguity as to the beginning of 
the terms of office under said act,’ approved the twenty-sixth day 
of June, one thousand eight hundred ninety-five (P. L. 375). 





li beth f 


(f) ALL ACTS OR PARTS OF ACTS OF ASSEMBLY SUP- 
PLIED BY, INCONSISTENT WITH, OR APPERTAINING TO 
THE SUBJECT MATTER COVERED BY THIS ACT, ARE RE- 
PEALED. IT IS THE INTENTION THAT THIS ACT SHALL 
FURNISH A COMPLETE AND EXCLUSIVE SYSTEM FOR THE 
GOVERNMENT AND REGULATION OF BOROUGHS. 


167 





EXPOSITION OF DRAFT OF ACT TO BE KNOWN AS “THE — 
GENERAL BOROUGH ACT OF ONE THOUSAND NINE HUN- | 
DRED AND FIFTEEN.” 


A codification of the law relating to boroughs has never hitherto 

been undertaken. The acts of April 1, 1834, P. L. 163, and April 3, 
1851, P. L. 320, provided a mode of procedure for the incorporation 
of a borough from a township or part thereof, and enumerated a 
list of powers and duties for the government thereof. With the 
exception of these two statutes the law relating to boroughs is com- 
prehended by some two hundred and seventy-five separate acts of 
Assembly. 
- The borough laws of the State are in a very unsatisfactory con- 
dition. Many acts which have been superseded by subsequent laws, 
but not expressly repealed, still remain upon the statute books where 
they serve only to confuse the reader. Other acts have been so 
variously amended at different times and for different purposes that 
it is frequently difficult to determine how much of the original act 
is in force. Provisions relating to different subjects are sometimes 
contained in a single section, so that, in order to ascertain the law 
relating to boroughs, it is necessary to examine practically the entire 
body of laws relating to many general subjects, as for example; 
municipalities, roads, highways, and bridges, parks and play-grounds, 
and the like. Many acts are obscure in their language. Many acts 
have been amended more than once, a subsequent amendment over- 
looking a prior one, thereby necessitating an examination into all the 
amendments, so as to ascertain the provisions of all the amendments 
which are not inconsistent. Many acts have been passed to cover 
present contingencies and failed to provide for others which might 
happen in the future. An example of this are the acts relating to 
the terms of borough officers, a more minute discussion of which will 
appear in the article devoted to that subject, and other defects will 
readily suggest themselves to the reader. Considerable difficulty was 
experienced with a number of acts of Assembly, undoubtedly passed 
for some special case, but under the guise of a general law. Many 
of these acts do not harmonize with the material with which they 
must be associated, but, of course, cannot be disregarded. For ex- 
ample see Chapter II, Article III, Chapter II, Article IV, Chapter 
III, Article I, Sections 13, 14, 15, 16 and 17, and Chapter VIII, 
Aricle I, action 18. 

The laws relating to boroughs are presented in this codification 
under the following heads: 


Chapter I. Preliminary Provisions. 
Chapter II. Creation—Charters. 

Article I. Incorporation. 

Article II. Consolidation of boroughs. 


168 


Article III. Re-establishment of boroughs. 

Article IV. Division of boroughs. 

Article V. Amendment and Annulment of Charters. 
Chapter Ill. Change of Limits—Boundaries—Wards. 
Article I. Change of Limits. 

Article II. Boundaries. 

| Article III. Wards. 

Chapter IV. Adjustment of Indebtedness. 

Chapter V. General Powers. 

Chapter VI. Special Powers. 






Article I. Eminent Domain. 
. Article II. Condemnation proceedings in Court of Com- 
. mon pleas. 


Article III. Damages for injury to property. 
Article IY. Opening, Widening, Extending, Straightening, 
and Vacating Streets. 
Article V. Vacation of Roads and Streets. 
Article VI. Roads partly within the borough. 
‘Article VII. Street Improvement. 
Article VIII. Collection by instalment of the cost of grading 
and improving streets. 
Article IX. Roads and highways crossing railroads. 
Article X. Plans and Location of Streets. 
Article XI. Sidewalks. 
Article XII. Sewers. 
Article XIII. Contracts with street railways. 
Article XIV. Bridges and viaducts. 
Article XV. Electric Wires. 
Article XVI. Water Courses. 
Article XVII. Public Service. 
Article XVIII. Public Buildings and Works. 
Article XIX. Wharves and Docks. 
Article XX. Licenses and License Fees. 
Chapter VII. Government. 
Article I. Council. 
Article II. . Burgess. 
Article III. High Constable. 
Article IV. _— Auditors. 
Article V. Controller. 
Article VI. Appointed Officers. 


169 


Articles VII. Bureau of Mine Inspection and Surface Sup: 





port. 

Chapter VIII. Elections—Vacancies in Office. ; 
Article I. -Number, term and time of election of officers. 
Article II. Filling of Vacancies. 

Chapter IX. Parks—Shade Trees—Fforests. 

Article I. Parks and Playgrounds. 
Article II. Shade Trees. 


Article III. Forests. 

Chapter X. Libraries. 

Chapter XI. Burial Grounds. 

Chapter XII. Enforcement of Ordinances—Actions by and 

against boroughs. | 

Article I. Enforcement of Ordinances. 
Article II. Actions by and against boroughs. 

Chapter XIII. Acts of the General Assembly Repealed. 


It has been sought in this codification: 


1. To repeal all laws which have been superseded though not 
hitherto specifically repealed ; 

2. To consolidate provisions of the same tenor which were sep- 
arately enacted ; 

3. To eliminate provisions not now operative, and all unnecessary 
and redundant expressions, as well as all provisos where the intent 
of the same can be more clearly expressed otherwise; 

4. To rewrite provisions the language of which is obscure, where 
the decisions of the courts have indicated the manner in which this 
may be done; 

5. To express with certainty wherever possible what is indefinitely 
stated in the various acts by such expressions as “in the manner 
provided by law,” “the proper officer,” etc. ; 

6. In the case of acts, the provisions of which relate to several 
subjects, to insert such provisions in this portion of the codification 
treating of each of said subjects, respectively. 


Special attention is called to the fact that the existing law has 
not been materially changed in preparing this codification. A few 
changes have been made to simplify and harmonize procedure. In 
a few cases, where it seemed desirable for the purpose 
of clarifying the subject, a new section has been inserted 
declaratory of the law. Such sections are Section 4, Article 
15, of Chapter VI, and Section 19, Article I, Chapter VIII. 
In some instances the desirability of making certain changes in exist- 
ing laws has been pointed out. The references to the various acts 
codified herein are to the pamphlet laws. 


170 


CHAPTER I. 





PRELIMINARY PROVISIONS. 








ARTICLE I. 


- The provisions of this chapter and article are new and relate 
wholly to this codification. 

Section 1. This section is for the purpose of giving the codifica- 
tion a short title. 

Section 2. This section is ‘self-explanatory. 

Section 3. This section was inserted in order to leave no doubt 
‘as to the intent to preserve any acts done, rights accrued, or vested, 
or liabilities incurred under any acts herein incorporated, and to 
_ prevent any officer from being ousted from office before the expiration 
of his term. 

Sections 4 and 5 are self-explanatory. 

‘Sections 6, 7 and 8. Are sections drafted. to limit the operation 
of the act, to save special acts and to provide an accepitance clause. 
The sections are modeled somewhat after section 33 of the Act of 
April 3, 1851, P. L. 320, as amended by the Act of June 4, 1901, P. 

_L. 362. This section of the Act of 1851 provided a system whereby a 
borough acting under special charter might become subject to the 
general law. It may be well to note at this place that a change has 
been made in the law by the omission of this thirty-third section of 
the Act of 1851. It is also possible that a change in the law has been 

made in incorporating the provisions of the Act of April 1, 1834, 
P. L. 163, which related to the incorporation of boroughs, but also 
imposed certain powers and duties. The provisions of both of these 
acts have been scattered throughout this code in order to make a 
systematic arrangement. The provisions of the Act of 1851, un- 
doubtedly, do not apply to any borough incorporated under special 
act unless they have been accepted. The Act of 1851 specifically so 
states. The Act of 1834 by its very terms did not apply to any bor- 
ough incorporated by special act prior to its passage. In this draft 
provisions of these acts have been inserted exactly the same as all 
the other borough law and without any reservation. 

Whether all of the acts of assembly passed subsequent to 1851 and 
which by their terms are general, apply to boroughs incorporated 
both under general or special law, or whether they apply to such 
only as are incorporated under the general law and those which have 
accepted the Act of 1851, seems to be doubtful. The case law upon 

_ this subject is very meager. 


| 


171 


eT S 
— >< ‘ 


-In “Dorrance v. Bristol,” 224 Pa. 464, there is a ruling to th 
effect that the Act of May 3, 1901, P. L. 140, which is an act empowe1 
ing boroughs to provide a supply of water, does not apply to am 
borough incorporated under special act and which has not accepte 
the provisions of the Act of 1851, although the language of this a¢ 
is that “every borough of this Commonwealth shall have power an¢ 
authority, etc.” It is possible that the ruling referred to is dictum. 
because the borough of Bristol in question had accepted the Act o 
1851, and, therefore, was entitled to the benefit of such legislation. 
On the other hand in “Quinn v. Cumberland County,” 162 Pa. 55, 
the court in speaking of the Act of 1893, establishing boards of health 
in boroughs, held that this Act of 1893 repealed a special act of 
assembly establishing a board of health for the borough of Carlisle, 
and in using the language “it shall be the duty of every borough o 
the Commonwealth” meant just what the act said, that it applied 
to every borough of the Commonwealth whether acting under gen- 
eral or special law. It is possible that this opinion is also dictum 
because in beginning the discussion upon this phase of the ease, the 
court itself intimates as much. (To the same effect see “Weaver v. 
Schuylkill County,” 17 Sup. Ct. 327). It seems, therefore, that some 
of the legislation subsequent to 1851 was general to all boroughs, 
while some of it applied to those incorporated under general act of 
assembly only. In other words, it would be necessary to have a 
judicial interpretation of each act to find out to which boroughs it 
applied. It, therefore, became an impossibility to draft a section 
which would properly limit all the different acts of assembly to the 
boroughs to which the courts might determine they applied. 
These sections have been so drafted that they will not disturb any 
local or special act of assembly in force, but will require every bor- 
ough acting under special act of assembly, and which has not ac- 
cepted the Act of 1851, to accept the provisions of this ae before 
it will receive the benefit of the act. 
A clause has been inserted providing for the recording of the ded 
cree when any special borough accepts this act. This clause is in- 
serted to provide a permanent record, and was suggested by a similar 
clause in the Act of 1834 when a borough is incorporated. q 
The passage of this act cannot be an injury to any borough. In 
addition to saving all the special acts, it makes provision for the 
saving of special acts upon subjects not covered by this act, when 
boroughs accept the provisions of this act in the manner provided. 
Incorporated towns have been included so that they may come 
within the operation of the borough law. 
Section 9 is self-explanatory. 





























172 








: : 
= 
; 
. 


a* CHAPTER II. 





CREATION—CHARTERS. 





ARTICLE I. 





INCORPORATION. 

Section 1. 

Is Section 1 of the Act of April 1, 1834, P. L. 163, and includeg 
only such part of said section as relates to the power of the courts 
\o incorporate boroughs. The remainder of this section has been 
supplied by the Act of April 3, 1851, P. L. 320. The words “town” 
ov “village” have been changed to “parts of one or more townships.” 
This change is made because the general law does not recognize such 
a political division as a town or mallage. 

Section 2. 

Js a section drafted from Section 2 of the Act of April 1, 1834, P. 
L. 163, and Section 1 of the Act of June 2, 1871, P. L. 288. The 
Act of 1871, provided that notice of an intended mertication for a 
borough charter should be given in at least one newspaper of the 
county. This provision has not been used, being held repealed “in 
borough of Ensworth,” 5 Pa. Sup. Ct. 29.” 

Section 3. 

Is part of Section 2 of the Act of April 1, 1834, P. L. 168. 

Section 4. 

Is a section drafted from Section 1 of the Act of June 26, 1895, 
P. L. 389, and Section 3 of the Act of April 1, 1834, P. L. 163. See- 
tion 3 of the Act of 1834 provided that the application should be laid 
before the Grand Jury, when in session and for an investigation 
by the Grand Jury. This part of that section has been repealed 
by Section 2 of the Act of June 26, 1895, P. L. 389, insofar as it re- 
lated to the incorporation of boroughs. | 

Section 5. 

Is part of Section 3 of the Act of April 1, 1834, P. L. 163. 

Section 6. 

Is Section 1 of the Act of April 1, 1863, P. L. 200. 

Section 7. 

Is Section 28 of the Act of April 3, 1851, P. L. 320. 

Section 8. 

Is Section 29 of the Act of April 3, 1851, P. L. 320, except such 
part of said section as related to the time and place of holding the 
annual borough election. This part is superseded by the general 
election laws. | 

Section 9. 

Is Section 1 of the Act of May 29, 1889, P. L. 174. This section 
originally provided for an appeal to the Supreme Court. In view 


of the Act of June 24, 1895, P. L. 212, establishing the Superior Court 


173 


and regulating appeals thereto, this has been changed to Superior 
Court. The words “twenty days” have been changed to “six months,” — 
in conformity with the ruling in “Scranton Sewer,” 213 Pa. 4, and the 
Act of May 19, 1897, P. L. 67, regulating appeals to the superior — 
court. The day for taking the appeal has been changed from aS 
date of recording to the date of the decree. 

Section 10. 

Is Section 21 of the Act of April 3, 1851, P. L. 320. To this section 
has been added a clause relating to the term for which the officers 
at the special election are to be elected. This has been done to keep 
all elections uniform. 

Section 11. 

Is Section 25 of the Act of April 3, 1851, P. L. 320. Originally 
this section provided for notices to townships or boroughs. In this 
draft the word “or” has been changed to “and” because the notice 
might be necessary to both. The word “boroughs” as used in the 
original section has been changed to “municipalities.” This change 
has been made so that notice would be given to an adjoining city, 
which was, of course, a contingency not apprehended when the Act 
of 1851 was passed. “Township commissioners” has been inserted so 
that notice may be given to townships of the first class. 








CHAPTER II. 





ARTICLE [1. 





CONSOLIDATION OF BOROUGHS. 

Section 1. 

Is a section drafted from Section 1 of the Act of June 6, 1893, P. 
L. 385 and Section 1 of the Act of April 14, 1905, P. L. 155. Under 
the Act of 1893 boroughs could only be consolidated where they were 
situate in the same county. The Act of 1905 extended this right to 
boroughs in different counties. 

Section 2. 

Is a section drafted from Section 2 of the Act of June 6, 1893, 
P. L. 335; Section 1 of the Act of April 10, 1905, P. L. 136, and 
Section 1 of the Act of June 19, 1913, P. L. 540. Section 2 of the Act 
of 1893 as it appears in the pamphlet laws had two clauses, the 
first of which was amended by the Act of 1903, P. L. 6, 1905, P. L. 
136 and 1913, P. L. 540. The amendment of 1913 overlooked the 
amendment of 1905 and in drafting the first clause of this section 
these two acts have been used and all the matter therein contained 
has been incorporated. This was done in view of the decision in 
Mercersburg College vs. Mercersburg Borough, 53 Pa. Sup. Ct., 388 
in which it was held that two amendments of the same section of an 


174 





Ra i 


act might be in force at the same time, so long as they were not 


inconsistent with each other. Section two of the Act of 1893 imposed 
certain duties upon the town clerk. This has been changed to secre- 
tary in order to have the title of this officer uniform throughout this 
code. In this draft what were in the original act two clauses have 
been divided into five. It was felt that clearer reading would thereby 
be obtained. In clause 4 of this section an addition has been made 
by making the majority of votes cast at such election apply only to 
those cast for or against the consolidation of such boroughs. This 
will prevent the inclusion of those votes cast at such election, but 
which failed to vote on the consolidation proposition. 

Section 3. 

Is Section 2 of the Act of February 26, 19038, P. L. 6, amending 
Section 3 of the Act of June 6, 1893, P. L. 335. 

Section 4. 

Is Section 4 of the Act of June 6, 1893, P. L. 335. This section 
has been to some extent redrafted and much matter which was sur- 
plusage has been omitted. 

Section 5. 

Is Section 2 of the Act of April 14, 1905, P. L. 155. 








ARTICLE III. 





RE-ESTABLISHMENT OF BOROUGHS. 

Section 1. 

Is Section one of the Act of April 18, 1877, Pil DO: 

Section 2. 

Is part of Section two of the Act of April 18, 1877, P. L. 55. 
What was Section two of the Act of 1877 has in this code been di- 
vided into four sections. It was thought that clearer reading would 
thereby be obtained. 

Section 3. 

Is part of Section two of the Act of April 18, 1877, P. L. 55. 

_ Section 4. 

Is part of Section two of the Act of April 18, 1877, P. L. 55. The 
reference to Chapter eight, Article one is a reference to the chapter 
and article dealing with elections and the purposes of the insertion 
is that the appointments made by the court may be so made that 
the terms of the officers appointed will expire at the time when suc- 
cessors might be elected as provided in Chapter eight, Article one. 

Section 5. 

Is part of Section two of the Act of April 18, 1877, P. L. 55. 


12H 175 


CHAPTER II. 





ARTICLE IV. 





DIVISION OF BOROUGHS. 





Section 1. 

Is Section one of the Act of May 29, 1889, P. L. 393. From this 
section was omitted the clause piniing to the power of the courts 
to set off villages from boroughs and to incorporate them into bor- 
oughs. This same power is given in Section two of this Article ‘where 
it logically belongs. 

Section 2. 

Is a section drafted from Section one of the Act of June 2, 1871, 
P. L. 283 and Section one of the Act of June 26, 1895, P. L. 389. 
The Act of May 29, 1889, P. L. 393 relating to the division of bor- 
oughs was largely silent as to the mode of procedure to be followed 
by the court in making such division. In “Throop Borough,” 15 
Pa. C. C. 131 it was held that in the case of the division of boroughs 
under the Act of 1889, the procedure for the incorporation of bor- 
oughs under the Act of 1871 applied. Since the rendering of that 
decision the Act of 1871 has been largely supplied by the Act of 1895, 
P. L. 389 and this act has therefore been used at this place in con- 
junction with the living part of the Act of 1871. 

Section 3. ; 

Is Section two of the Act of May 29, 1889, P. L. 393. 

Section 4. 

Is Section three of the Act of May 29, 1889, P. L. 393. To this 
section has been added a clause relating to the term for which the 
officers elected at such special election shall hold office. This refer- 
ence is made to keep the election of officers in all boroughs uni- 
form. 

Section 5. 

Is Section one of the Act of May 9, 1889, P. L. 174, racitted in 
order to make clear reading with the matter contained in this 
article. The Superior Court was substituted instead of the Su- 
preme Court. This substitution was made in view of the Act of 
1895, P. L. 212, relating to the Superior Court and regulating appeals 
thereto. It was held in Sharon Hill Borough, 140 Pa. 250 that the 
Act of 1889, P. L. 174 applied to cases of incorporation of boroughs 
under the Act of 1889, P. L. 393. The words “twenty days” have 
been changed to “six months” in conformity with the ruling in 
“Scranton Sewer,” 213 Pa. 4, and the Act of May 19, 1897, P. L. 67, 
regulating appeals to the superior court. The time for taking the 
appeal has been changed from the date of recording to the date of 
the decree. 

Section 6. 

Is a section drafted from Section four of the Act of June 1, 1887, 


176 


P. L. 285. The Act of 1887 related to the detachment of territory 
from boroughs and provided that where such territory was detached 
it might be erected into a new borough. It seemed therefore to be 
a method in which a borough might be erected and for this reason has 
been inserted in this part of the code. In drafting this section 
just such portion of the Act of 1887 as is germane to this article was 
incorporated in the draft. The reference to Chapter eight, Article 
one, Section twenty is a reference to the section relating to the 
election of officers at special elections in the case of incorporation of 
boroughs and has been made in order to keep the system uniform in 
all boroughs. 





CHAPTER II. 





i | ARTICLE V. 





AMENDMENT AND ANNULMENT OF CHARTERS. 


Section 1. 

Is part of Section four of the Act of April 1, 1834, P. L. 163. 

Section 2. 

Is Section one of the Act of June 2, 1871, P. L. 283. From this 
section has been omitted the clause relating to the procedure before 
the Grand Jury which has been incorporated in Section three of 
this Article and a more complete exposition will be found under. 
Section three of this Article. 

Section 3. 

Is a section drafted from Section three of the Act of 1834, P. L. 
163 and Section one of the Act of June 2, 1871, P. L. 283. In the 
draft of this Article a peculiar condition with regard to the law on 
the subject of annulment and alteration of charters was found to 
exist. The provisions of Section three of the Act of 1834, relating to 
the procedure before the Grand Jury in the case of the incorporation 
of a borough, were extended by Section four of that same act to 
the case of the annulment or alteration of a borough charter. The 
Act of 1871, which also provided for a procedure by the Grand Jury 
in the case of the incorporation of boroughs, provided as follows: 

“The foregoing regulations shall also apply to any application to 
a court of competent jurisdiction under said acts, (meaning thereby 
the Act of 1834 and the Act of 1851) or either of them, for a change 
of borough limits or to alter or annul a borough charter.” The 
Grand Jury procedure in both of these acts was repealed by the 
Act of 1895, P. L. 389, but it is to be observed that this repeal was 
only so far as it related to the procedure in the case of the incor- 
‘poration of a borough. It would therefore seem that this procedure 
so far as it relates to the annulment or alteration of a charter was 


177 


still in-force. It might be contended that the clause “Similar pro- 
ceedings shall be had on such application as in the case of the in- 
corporation of boroughs” which appears in Section four of the Act 
of 1834, should be construed to mean that the proceedings for the 
annulment or amendment of a charter should always be similar to 
those of the incorporation of a borough. This idea is, however, not 
recognized by the Act of 1871 because that act provides procedure | 
for the incorporation of a borough and does not recognize that it 
would automatically apply to the case of the annulment or alteration 
of a charter but provides so by a specific clause. 





CHAPTER ITI. 





CHANGE OF LIMITS—BOUNDARIES—WARDS. 





ARTICLE I. 





CHANGE OF LIMITS. 

Section 1. 

Is a draft from Sections 1 and 3, Act of April 1, 1834, P. L. 163. 
The act of 1834 after providing a procedure whereby a borough could 
be incorporated provided in Section 3, that the same proceedings for 
the change of borough limits should be had as was provided in the 
act for the incorporation of a borough. So much of Sections 1 and 
3, are incorporated in-the draft appearing in Section 1, of this 
article as give the borough power to change limits. The section is 
limited to boroughs incorporated under the provisions of Chapter 
II, Article I, of the code, and boroughs incorporated by the courts of 
quarter sessions from towns or villages prior to the passage of this 
act, because the authority to change borough limits as provided in 
Section 3, of the Act of 1834, was restricted to boroughs incorporated | 
under that act, and therefore, applies only in the case where a bor- 
ough is incorporated from a town or village. It was held in McFates 
Appeal, 105 Pa., 323, that this procedure for changing borough lim- 
its was still in force; to the same effect also see Waynesboro Exten- 
sion, 6 Pa., C, C. 140. 

Section 2. 

Is a draft inserted pursuant to Section 5, of the Act of May 28, 
1907, P. L. 264. The Act of 1907, provides a complete procedure for 
the change of borough limits by the detachment of territory and its 
annexation to a contiguous township. Section 5 thereof provides 
“all laws or parts of laws which require the application for such 
change of borough limits to be laid before the Grand Jury, and all 
laws or parts of laws inconsistent herewith are hereby repealed.” 


178 


a 


\ 


The Act of April 1, 1834,.P. L. 163, was the only act in force at the 


time of the passage of the Act of 1907, upon which the provisions of 
the later statute could operate. It was at first thought that the 
effect of Section 5 upon the Act of 1834, was to retain in force the 
provisions of the prior statute, so far as it related to the matter 
covered by the Act of 1907, with the exception that the concurrence 
of the Grand Jury should no longer be required. A more mature 
deliberation led to the conclusion that it was the intention of the 
Act of 1907, to repeal the Act of 1834, so far as it related to the mat- 
ter covered by the subsequent act, so that in every case where it is 
desired to change the borough limits by the detachment of territory, 
and its annexation to a contiguous township, the provisions of the 
Act of 1907, would have to be invoked. This conclusion is substan- 
tiated by the fact that if the concurrence of the Grand Jury as pro- 


vided in the Act of 1834, is eliminated its provisions are with the 


exception of a few minor details exactly the same as the mode pro- 
vided in the Act of 1907, and it would be doing violence to the 
legislative intent to hold that they desired to have two separate 
acts in force at the same time, prescribing the same procedure for 
accomplishing the same purpose. Section 2, of the article, has there- 
fore been inserted in order to restrict the power provided in Section 
1, of the article, and to make the provisions of the Act of 1907, as 
incorporated in the code the exclusive mode of changing of borough 
limits by detaching territory therefrom, and annexing it to a con- 
tiguous township. 

Section 3. 

Is part of Section 1, Act of June 2, 1871, P. L. 2838. 

Section 4. 

Is Section 2, Act of April 1, 1834, P. L. 163, and that part of Sec- 
tion 1, of the Act of June 2, 1871, P. L. 283, as relates to the signing 
of the petition, it being sought to incorporate all the provisions relat- 
ing to one subject at one place in the code. It was held in “Incorpora- 
tion of Wilkinsburg Borough, 131 Pa., 368,” that Section 2, of the 
Act of 1834, was still in force. 

Section 5. 

Is part of Section 1, Act of June 2, 1871, P. L. 283. The remaining 
part of the Section has been incorporated in- Section 4 of this article, 
it being thought that clearer reading and better arrangement would 
thereby be obtained. 

Section 6. 

Is part of Section 3, Act of April 1, 1834, P. L. 163. This section 
has been divided in order to obtain clearer reading and better ar- 
rangement, the other part appearing in Section 1, of this article. 
For a fuller discussion, see the Exposition on Chapter III, Article 
I, Section 1. 


179 


Section 7. 

Is Section 4, Act of June 1, 1887, P. L. 285, omitting such portions 
of the section as do not relate to the subject of boroughs, and also 
omitting so much of the act which authorizes the court to detach part 
of the territory of the borough, and annex it to an adjacent town- 
ship or townships. The Act of 1907, P. L. 264, providing a complete 
procedure whereby the borough limits may be changed by the de- 
tachment of territory, and its annexation to a coutiguous township 
contained in Section 5, a clause repealing all acts or parts of acts 
inconsistent therewith, and we have concluded that it repealed the 
Act of 1834, so far as it related to the subject covered by the sub- 
sequent statute. As Section 4, of the Act of 1887, so far as this propo- 
sition is concerned had nothing to operate upon other than the pro- 
visions of the Act of 1834, and since those provisions are repealed 
by the Act of 1907, it necessarily follows that the provisions of the 
Act of 1887, relating to this subject are no longer of any use. For 
fuller discussion, see the Exposition on Section 2, of this article. 

Section 8. . 

Is Section 5, Act of June 1, 1887, P. L. 285. Sections 7 and 8 of 
this article taken from the Act of 1887, P. L. 285, supplementing 
the Act of 1879, P. L. 150, which was itself a supplement to the Act 
of 1851, P. L. 320, has been incorporated at this place, because at 
the time of its passage it had nothing upon which to operate, so far 
as a change of borough limits by the detachment of territory there- 
from was concerned, other than the Act of April 1, 1834, P. L. 168. 
An extract of Section 4, of the Act of 1887, was incorporated in 
Chapter two, article four, of this act as it seems to provide an ad- 
ditional means whereby a borough may be created. 

Section 9. / 

Is Section 1, Act of May 17, 1883, P. L. 36, amending Section 1, 
Act of June 11, 1879, P. L. 150. This act was held constitutional in 
“in re borough of Pottstown,” 20 W. N. C. 494. 

Section 10. 

Is part of Section 2, Act of June 11, 1879, P. L. 150. This act was 
passed before townships were classified. In the section as drafted 
“township commissioners” has been inserted, so that notice may be 
given to townships of the first class. 

Section 11. : 

Is part of Section 2, Act of June 11, 1879, P. L. 150. 

Section 12. 

Is Section 3, Act of June 11, 1879, P. L. 150. 

Section 13. 

Is part of Section 1, Act of June 8, 1874, P. L. 281. 

Section 14. 

Is a draft incorporating a provision for notice in this proceeding, 
which did not appear in the original act. The act of 1874, P. E. 
281, providing for the annexation of territory situated in two or more 


180 








counties to an adjaceut borough, is open to some criticism. Perhaps 
_ the most serious defect in the act is that it contains no provision 
' whereby a borough, to which it is proposed to annex any such terri- 
tory, is apprised of such proceedings. The borough certainly should 
_ have notice in view of the fact that if the prayer of the petitioners 
_ is granted by the several courts to which it is presented the borough 
: to which the land is annexed must pay the cost of the proceedings. 
Notice also should be given to persons residing in the territory pro- 
_ posed to be annexed who are not petitioners. The act in its original 
- form enables persons to present their petition and the commissioners 
to be appointed and report to the court and the court then to de- 
cree such annexation, without notice to anybody. Doubtless, the 
- court would of its own motion direct notice to be given to all parties 

interested, but in order to have the practice uniform a provision has 
been inserted requiring a specific notice, the provisions being taken 
from Section 1, Act of June 2, 1871, P. L. 288, which was an act for 
the change of borough limits on petition of residents of the bor- 
ough. 

Section 15. 

Is Section 2, and part of Section 1, of the Act of June 8, 1874, P. 
L. 281. This Act of 1874, in addition to other objections, contained 
provisions apparently inconsistent. Section 1, after providing a 
_ method whereby territory might be annexed which lay in 

“two or more counties” legislated for the appointment of commis- 

Sioners in substantially the following terms, each court should ap- 

point one person as commissioner and the commissioners so chosen 

should select “a third who should be a surveyor.” From this last 
clause it would seem the act was restricted to two counties and not 
two or more counties. In order to clear this inconsistency the words 
“a third” has been omitted, and the words “an additional one” has 
been substituted. 

Section 16. 

Is Section 4, Act of June 8, 1874, P. L. 281. 

Section 17. 

_ Is a draft covering the provisions of Sections 3 and 5 of the Act 
of June 8, 1874, P. L. 281. So much of Section 5, as imposes liability | 
upon the petitioners to compensate the commissioners, has been 
omitted as the preceding section provides for the payment of the 
- cost of the whole proceedings which would include the pay of the 
- commissioners. 

Section 18. 

Is part of Section 1, Act of March 21, 1907, P. 5; 25, amending. act 
of April 22, 1903, P. L. 247. It will be noted that Section 30, of the 
Act of April 3, 1851, P. L. 320; Section 4, of the Act of June 2, 1871, 
P. L. 283; the Act of July 15, 1897, P. L. 296; the Act of April 6, 
1899, P. L. 33, and the Act of April 28, 1899, P. L. 115, so far as they 


. { - 


7 ew [> 





181 


relate to the subject covered by this section have not been used, 
it being held that they were all repealed by the Act of March 21, 
1907, P. L. 25, in the following cases, to wit: Washington Borough, 
26 P. S. C. 296; Donora Borough, 26 P. S. C. 300; ape Extension of 
Kutztown Beioagh: 19 D. R. 243. 

Section 19. 

Is part of Section 1, Act of March 21, 1907, P. L. 25, amending 
Act of April 22, 1903, P. L. 247. What was in the original act con- 
tained in one section has been divided in this code into two sections, 
it being thought that better reading would thereby be secured. See 
Exposition on preceding section for further discussion of the pro- 
visions of this act. 


Section 20. 

Is Section 1, Act of May 28, 1907, P. L. 264. 
Section 21. 

Is Section 2, Act of May 28, 1907, P. L. 264. 
Section 22. 


Is Section 8, Act of May 28, 1907, P. L. 264. It is to be noted 
that a draft from Section 5, of this act has been incorporated in the 
code at Section 2 of this article. For further discussion see Ex- 
position on that section. 

Section 23. 

Is Section 1, Act of May 11, 1901, P. L. 177, re-drafted so as to 
make its provisions apply exclusively to the change of borough limits; 
it originally comprehending a change of township boundaries as 
well. 

Section 24. 

Is part of Section 2, Act of May 11, 1901, P. L. 177. 

Section 25. 

Is a draft from part of Section 2, of the Act of May 11, 1901, P. 
L. 177. While the section in its original form authorizes the court 
to make such order upon the petition as to it shall seem right and 
proper, it is silent as to the time from which the limits of the mu- 
nicipal district affected shall be changed. Under the preceding sec- 
tion, it, of course, could be at no time other than the time of the 
decree granting the prayer contained in the petition, but it was 
thought well to make this appear affirmatively in the code. 


182 


be ead 


a 


es 
K 
Fe 






| - 


f Is Section 1, Act of May 24, 1887, P. L. 203, so drafted as to re- 


CHAPTER III. 





ARTICLE II. 





: BOUNDARIES. 
Section 1. 


strict the provisions of the act to the subject of boroughs. It, being 
in its original form applicable to townships and cities as well. 
Section 2. 3 
Is Section 1, Act of June 3, 1893, P. L. 284, so drafted as to 
confine the provisions of the act to the subject of boroughs ex- 


_ clusively. 


Section 3. 
Is part of Section 2, Act of June 3, 1893, P. L. 284, redrafted so 
as to make its provisions apply exclusively to the subject of bor- 


' oughs. 


Section 4. 

Is part of Section 2, Act of June 3, 1893, P. L. 284, drafted so as 
to make its provisions apply to the subject of boroughs exclusively. 

Section 5. 

Is Section 3, Act of June 3, 1893, P. L. 284. It is submitted that 


| the costs imposed on the county should be changed so as to make the 


municipalities and townships liable. 
Section 6. 
Is Section 4, Act of June 3, 1893, P. L. 284. This section imposes 


, a duty upon municipalities other than boroughs, but as the munici- 


palities affected are those adjoining boroughs, and the question in- 


_ volved is one of a borough boundary line, it seems germane to a bor- 


~~ 


ough code. 
Section 7. 
Is Section 1, Act of May 5, 1911, P. L. 176. 
Section 8. 
Is part of Section 2, Act of May 5, 1911, P. L. 176. It seems that 


this section will not permit the council to pass an ordinance over 
_ the veto of the burgess. 


Section 9. 

Is part of Section 2, Act of May 5, 1911, P. L. 176. 

Section 10. 

Is Section 1, and part of Section 2, Act of June 13, 1883, P. L. 


| 98. The act in its original terms provided that the petition should 
be by the borough authorities. Just who the borough authorities 
are is rather indefinite, as it may include a burgess as well as the 


town council. In view of the fact that any person interested, and 


183 






this would include the burgess or any tax payer of the borough, 
could be heard by the court before a decree should be made on the 
petition, it was thought advisable to substitute the borough coun- 
cil instead of borough authorities, and thus leave no room for doubt, 
as to what borough authorities were meant. 

Section 11. 

Is that part of Section 2, of June 13, 1883, P. L. 98, so Bae a as” 
to make smooth reading in the code. 





CHAPTER III. 





ARTICLE ITI. 


2 
. 
j 
% 





WARDS. i 
Section 1. | ; 

Is Section 1, Act of May 14, 1874, P. L. 159, and Section 1, Act of © 
March 24, 1877, P. L. 47. So much of the Act of 1874, as authorized — 
the erection of new wards out of parts of two or more adjoining © 
wards was omitted from the section, as it was supplied by the Act — 
of March 24, 1877, P. L. 47, the provisions of which have been in- | 
corporated at this place. 

Section 2. : 

Is Section 2, Act of May 14, 1874, P. L. 159. Much of the verbiage — 
of this section of the original act has been excluded as the propo- 
sitions already appear in Section 1, of the code, and to retain them — 
in the code would be at the expense of a great deal of repetition. 

Section 3. 

Is Section 3, Act of May 14, 1874, P. L. 159. It will be noted that 
the section of the original act does not specificially say that the 
review shall be granted upon petition. The said section stating it 
shall be granted if “said review is asked.” The proper form of such 
a request could only be by a petition, and it was thought clearer 
reading could be obtained by making this affirmatively appear. 

Section 4. 

Is part of Section 1, Act of April 4, 1907, P. L. 44. 

Section 5. 

Is part of Section 1, Act of April 4, 1907, P. L. 44. What was — 
contained in one section of the original Act of 1907, has been di-— 
vided in the code into two sections, it being thought that clearer 
reading would thereby be secured. 

Section 6. | 

Is Section 4, Act of May 10, 1878, PL. 51, as affected by the con- | 
stitutional amendments of 1909, and the Act of March 2, 1911, P. L. 
8. Attention is called to the fact that Section 4, in its ortetaol 


184 







_ terms provided that borough officers shall remain in office only in 
the case of a division of any borough into wards, and was silent as 
to those. cases where new wards are created from existing wards, 
or where wards are divided, or their limits changed, as provided in 
Section 1, of Article III, of the code. It seemed advisable to make 
the provisions of Section 4, as incorporated in the code broad enough 
to cover all the contingencies provided in Section 1, and the neces- 
sary changes in Section 4, as incorporated has been made to accom- 
plish this purpose. 
Section 7. 
Is Section 1, Act of June 24, 1895, P. L. 241. 





ea ee 
, ¥ 


CHAPTER IV. 





ADJUSTMENT OF INDEBTEDNESS. 





ARTICLE I. 





(a) WHEN INCORPORATED FROM A TOWNSHIP. 
Section 1. 
Is a draft from part of Sections 1, 2 and 9 of the Act of June 12, 
1878, P. L. 184. Section 24 of the Act of April 3, 1851, P. L. 320 has 
not been used at this point at is seems to be supplied by this sec- 
tion of the Act of 1878. Section 1 of the Act of April 12, 1866, P. L. 
109, has also been omitted because its provisions so far as they re- 
late to boroughs have been entirely supplied by the Act of 1878. 
Section 2. 
Is part of Section 1 of the Act of June 12, 1878, P. L. 184. 
Section 3. 
Is a part of Section 3 of the Act of June 12, 1878, P. L. 184. 
What was originally Section 3 of the Act of 1878 has been divided 
into two sections in this code. 
Section 4. | 
4 Is a part of Section 3 of the Act of June 12, 1878, P. L. 184. 
Section 5. 
Is Section 4 of the Act of June 12, 1878, P. L. 184. 
Section 6. 
Is Section 5 of the Act of June 12, 1878, P. L. 184. 
Section 7. 
Is Section 6 of the Act of June 12, 1878, P. L. 184. 
Section 8. 
Is Section 7 of the Act of June 12, 1878, P. L. 184. 
Section 9. 
Is Section 8 of the Act of June 12, 1878, P: L. 184. 


185 





-(b) WHEN BOROUGHS ARE RE-ESTABLISHED. 


Section 10. 

Is a section drafted from Section 3 of the Act of April 18, 1877, 
P. L. 55. The reference to Chapter III, Article III, is to the chapter 
and article where the remainder of this Act of 1877 will be found. 

Section 11. 

Is Section 3 of the Act of April 18, 1877, P. L. 55. 

Section 12. 

Is Section 4 of the Act of April 18, 1877, P. L. 55. 


(c) WHEN LIMITS ARE CHANGED AND BOROUGHS 
DIVIDED. 

Section 13. 

Is founded upon Section 1 of the Act of June 1, 1887, P. L. 285 and 
the decision of the Supreme Court in “Sharon Hill Boro” 140 Pa. 
250. The Act of 1887 in its original form provided for the adjust- 
ment of indebtedness where the limits of a borough were changed 
and where the procedure in such cases was before the grand jury. 
It was at first thought that this procedure would not apply in a 
case where the territory annexed was situate in two or more coun- 
ties as provided in the Act of 1874, P. L. 281 and incorporated in 
Chapter III, Article I, Sections thirteen, fourteen, fifteen, sixteen 
and seventeen of this act, nor to a case where territory was annexed 
on the petition of owners of out-lots as originally provided for by 
the Act of 1907, P. L. 25, and incorporated in Chapter III, Article 
I, Sections eighteen and nineteen of this act. In neither of these cases 
was there any grand jury proceeding. However, in the case of 
“Sharon Hill Boro,” cited above, it was held that this act applied 
whenever boroughs were divided under the Act of 1889, P. L. 3938, 
and in view of this decision and the fact that no other proceedings 
for the adjustment of indebtedness can be applied to these two spe- 
cific cases, it has been drafted to include the annexation of terri- 
tory where it is situate in different counties, and the annexation 
of out-lots on petition of the owners of such out-lots. 

Section 14. 

Is Section 2 of the Act of June 1, 1887, P. L. 285. 

Section 15. 

Is part of Section 1 of the Act of June 1, 1887, P. L. 285. What 
was originally Section 1 of the Act of 1887, has in this code been 
divided into three sections for the purpose of clear reading. 

Section 16. 

Is part of Section 1 of the Act of June 1, 1887, P. L. 285. 


(d) WHEN TERRITORY IS DETACHED. 

Section 17. 

Is a section drafted from Section 4 of the Act of May 28, 1907, 
P. L. 264 and Section 3 of the Act of May 11, 1901, P. L. 177. Sec- 
tion 4 of the Act of 1907 provided a procedure for the adjustment of 

186 : 








~ 


- indebtedness when territory was detached from a borough and an- 


nexed to a township. Section 3 of the Act of 1901 provided a pro- 
cedure for the adjustment of indebtedness when territory was de- 
tached from a borough by reason of natural or artificial obstructions 
or causes. Both of these sections provided the same procedure and 
with a few minor exceptions read verbatim. For this reason they 
have been joined and the reference to Chapter III, Article I, Sec- 
tions 20 to 24 is to the chapter and article where the procedure for 
the detachment of territory in such cases is found. What was origi- 
nally one section in both of these Acts has been divided into three 
sections in this code for the purpose of clear reading. 

Section 18. 

Is a section drafted from Section 4 of the Act of May 28, 1907, 
P. L. 264, and Section 3 of the Act of May 11, 1901, P. L. 177. 

Section 19. : 

Is a section drafted from Section 4 of the Act of May 28, 1907, 
P. L. 264, and Section 3 of the Act of May 11, 1901, P. L. 177. 





CHAPTER V. 





GENERAL POWERS. 





ARTICLE I. 


In Chapter V has been incorporated only -those general powers 
given to boroughs upon which very few, if any, provisions have been 
predicated; they are simply clauses granting power to boroughs to 
do certain things, leaving the borough to put them into operation 
as to it may seem best. This Chapter contains but one article which 
has been divided into two sections; Section 1, dealing with the 
powers which a borough has as a corporate body, and Section 2 
being an enumeration of those powers which are vested in the cor- 
porate officers. 

Section 1. 

Is part of Section 1, and Section 31, of the Act of April 3, 
1851, P. L. 320. The reference to Chapter II of this act is to the 
place where the mode of the creation of boroughs is found. There 
was omitted from Clause 4 of Section 31, the words ‘the amount 
limited in its charter” and the words ‘the yearly value of $3,000” 
substituted. The substitution being taken from Section 31, of the 
Act of 1851, P. L. 320. In this connection it may be stated that part 
of Section 1, of the Act of April 1, 1834, P. L. 163, has been omitted 
from this code, its provisions being superceded by Section 1, of the 
Act of April 3, 1851, P. L. 320, incorporated at this place. Recommen- 
dation: Clause four of this section should be omitted. It does not 
meet present day conditions. 

187 


Section 2. Introductory Clause. 

Is-_a draft from Section 2, Act of April 3, 1851, P. L. 320, and 
contains practically the same provisions except that the reference to 
Chapter VII, in the code was substituted for a reference to the cor- 
porate Shavter in the original act. 

Section 2. Clause I. 

Is part of Section 1, Act of June 5, 1913, P. L. 411, amending 
Section 2, Clause 4, Act of April 3, 1851, P. L. 320, as amended by 
the acts of May 22, 1883, P. L. 39, and May 24, 1901, P. L. 299, and 
Section 2, Clause 3, Act of April 3, 1851, P. L. 320. 

Clause II. 

Is part of Section 2, Clause 23, Act of April 3, 1851, P. L. 320. 

Clause III. 

Is part of Section 2, Clause 20, Act of April 3, 1851, P. L. 320. 

Clause IV. 

Is part of Section 2, Clause 20, Act of April 3, 1851, P. L. 320. 

Clause Y. | 

Is part of Section 2, Clause 20, Act of April 3, 1851, P. L. 320. It 
will be noted that what was contained in one clause of the original 
act has here been divided into three clauses, it being thought that 
clearer reading and better arrangement would thereby be secured. 

Clause VI. 

Is Sections 1 and 2 of the Act of June 27, 1913, P. L. 632, re-drafted 
so as to restrict the act to the subject of boroughs, and to condense 
its provisions into one clause. The general reference contained in 
the original act to a procedure for ascertaining and collecting dam- 
ages to abutting properties caused by the grading of streets has been 
omitted, and a reference to Chapter VI, Article 2, substituted, 
this being the place in this code where the provisions of the borough 


law relating to the assessment and collecting of damages in the case. 


of grading streets has been incorporated. 

Clause VII. 

Is Section 1, Act of June 24, 1885, P. L. 168, amending Section 1, 
Act of April 28, 1876, P. L. 51. The reference to “persons having 
charge of the streets in the several boroughs” has been omitted for 
the reason that even if the watering trough were erected by such 
person, it would have to be by the consent of the town council, in 
view of the fact that labor would be involved and money expended. 
Further omission was made of those provisions relating to “char- 
tered associations” as they are irrelevant to the subject of this code. 
Generally the section has been so re-drafted as to eliminate all pro- 
visions not germane, to do away with the useless verbiage, and to 
predicate it upon the introductory clause of this section. The 
penalty contained in Section 4 of the Act of May 28, 1876, P. L. 51, 
has not been used as it is not germane to the borough code. Recom- 
mendation: The words “at an expense not exceeding twenty dollars” 
should be omitted. 


188 















ause VITL. 

As sega of Section VF Clause 13, Act of April 3, 1851, P. L. 320. 
Eoinuse x. 

“Is part of Section 2, Clause 13, Act of April 3, 1851, P. L. 320. 
pee was contained in one clause in the Act of 1851, has here been 
praded into two clauses, it being thought that clearer reading could 
reby be obtained. The chapter, article and section to which 
eference is made is the place in this code where the provisions of 
2 law relating to the proceedings for ascertaining and collecting 
e costs of pavements in boroughs, has been incorporated. 

EGlapae X. 

Is part of Section 2, Clause 15, Act of April 3, 1851, P. L. 820. 

— Clause XI. 

__ Is part of Section 2, Clause 7, Act of April 3, 1851, P. L. 320. 

_ Clause waht. 

Is part of Section 2, Clause 15, Act of April 3, 1851, P. L. 320. 
It will be noted that this clause as appears in the original act has 
be een divided in this code into two clauses, the other part appearing 
in Clause X, it being thought that clearer reading and better ar- 
‘rangement would thereby be obtained. Recommendation: This clause 
‘might include convenience, comfort and general welfare. 

Clause XIII. 

Is Section 1, Act of June 5, 1913, P. L. 484, No. 286. This section 
has been so re-drafted as to eliminate the surplus verbiage and to 
predicate it upon the introductory clause of Section 2, of the code. 

Clause XIV. 
Is Section 2, Act of May 25, 1907, P. L. 230. The surplus verbiage 
being omitted and the section drafted in the infinitive form in order 
to predicate it upon the introductory clause of Section 2, of the 
article. 
Clause XV. 
Is Section 1, Act of May 25, 1907, P. L. 230. 
Clause XVI. 
Is part of Section 2, Bree 14, Act of April 3, 1851, P. L. 320. 
Clause XVII. 
- Is Section 2, Clause 17, Act of April 3, 1851, P. L. 320. 
_ Clause XVIII. 

Is part of Section 2, Clause 18, Act of April 3, 1851, P. L. 320. 
Recommendation: This clause should include the prevention of fires. 

Clause XIX. 

Is Section 2, Clause 18, Act of April 3, 1851, P. L. 320. The 
i orig inal clause has been divided into two laheoe in this code, as 
it was thought better arr angement would thereby be secured. Recom- 
mendation: “Fire engines” should be changed to “fire apparatus.” 

_ Clause XX. 

~ Is Section 1, Act of May 23, 1907, P. L. 203. It is noted that the 
Act of June 3, 1885, P. L. 55, relating to the erection of wooden 


189 


2 
7 













buildings in the boroughs has been omitted from this code, it being 
entirely superceded by the Act of 1907, P. L. 203, incorporated at 
this place. 

Clause XXI. 

Is Section 1, Act of May 8, 1907, P. L. 184, No. 147, with slight 
changes and omissions in the wording of the section. 

Clause XXII. 

Is part of Section 2, Clause 14, Act of April 3, 1851, P. L. 320. 

Clause XXIII. E 

Is part of Section 2, Clause 7, Act of April 3, 1851, P. L. 320. The 
remainder of this clause being found in Clause 11 of this section — 
and article. 

Clause XXIV. 

Is part of Section 2, Clause 23, Act of April 3, 1851, P. L. 320. 
The other part of this clause appearing in the code at Section 2, © 
Clause 2, of this article. 

Clause XXV. | 

Is Sections 1 and 2, Act of May 5, 1876, P. L. 112, re-drafted in 
order to restrict the act to boroughs, it comprehending in its original — 
form incorporated towns as well, and to join in one section what 
was expressed in the original act in two sections. It is to be noted 
at this place that Clause 19 of Section 2, of the Act of April 3, 
1851, P. L. 320, has not been used in this code, it being superceded 
by the Act of 1876, P. L. 112, incorporated at this place. 

Clause XX VI. 

Is part of Section 2, Clause XI, Act of April 3, 1851, P. i 320. 
The term “hawking” has been omitted as it is comprabiantel under 
the word “peddling,” and there is no good reason why the redundant 
expression should be retained. The clause relating to the inspection — 
of milk is taken from the Act of April 20, 1869, P. L. 81. | 

Clause XX VII. | 

Is Clause 12, and part of Clause 11, of Section 2, Act of April 3, 
1851, P. L. 320. | 

Clause XXVIII. | 

Is Section 2, Clause 25, Act of April 3, 1851, P. L. 320. This 
provision of the law relates to dog taxes and it has been incorporated 
here, because the taxation code excepts this subject from its pro- 
Visions. | 

Clause XXIX. 

Is Clause 10, and part of Clause 9, of Section 2, Act of April 3, 
1851, P. L. 320. So much of Clause 9 as relates to the subject of . 
dogs being joined with Clause 10, in order to briegy all the legislation 
on the same subject into one clause. 

Clause XXX. 3 

Is part of Section 2, Clause 9, Act of April 3, 1851, P. L. 320, So 
much of this section as relates to the subject of dogs has been 
omitted. It being incorporated in Section 2, Clause 29, of the article. 


190 











Clause XX XI. 

Is part of Section 2, Clause 21, Act of April 3, 1851, P. L. 320. 

Clause XXXII. 

Is part of Section 2, Clause 21, Act of April 3, 1851, P. L. 320, 
Clause 21 in its original form has been divided into two clauses 
in this code. The other part of the clause appearing in Section 2, 
Clause 31, of this article. 

Clause XX XIII. 

Is drafted from Sections 1 and 2 of the Act of June 5, 1913, P. L. 
419. The draft contains the provisions of both sections, so far as 
they relate to boroughs, and is drawn in the infinitive form, in order 
to predicate it upon the enabling provisions set forth in the intro- 
ductory clause of this section. 

Clause XXXIV. 

Is Section 1, Act of April 15, 1907, P. L. 80, re-drafted in order 
to make it applicable exclusively to the subject of boroughs. As 
the section originally stood it empowered not only cities, boroughs, 
and townships to enter into contracts with street passenger rail- 
way companies, etc., but authorized such companies to enter into 
similar contracts with the municipalities. So far as the section re- 
lates to cities and townships, and so far as its provisions have to 
do with the right of a railway or other company to enter into con- 
tracts, it must be omitted from this code as it is irrelevant to its 
subject. The section has been re-drafted in order to eradicate these 
irrelevant provisions and to predicate it upon the enabling pro- 
visions of the introductory clause of this section. 

Clause XXXV. 

Is Section 1, Act of June 26, 1895, P. L. 332, No. 247, re-drafted 
in order to restrict it to the subject of boroughs, it being applicable 
in its original form to all municipalities. 

Clause XXXVI. 

Is Section 1, Act of March 15, 1909, P. L. 33, No. 15, re-drafted 
in order to make its provisions applicable exclusively to the sub- 
ject of the boroughs, it in its original form comprehending all munici- 
palities. 3 

Clause XXX VII. 

Is Section 1, Act of June 25, 1895, P. L. 298, No. 216, omitting all 
the surplus phrases. 

Clause XX XVIII. 

Is Section 1, Act of June 25, 1913, P. L. 550, No. 352, re-drafted so 
as to make its provisions decludively apply to the subject of bor- 
oughs. 

Clause XXXIX. i 

Is Section 1, Act of June 9, 1911, P. L. 863, amending Section 1, 
Act of March 21, 1907, P. L. 22. 


13H 191 


. CHAPTER VI. 





SPECIAL POWERS. 





ARTICLE I. 





EMINENT DOMAIN. 


In this Article have been included the provisions relating generally 
“to eminent domain. They must, of course, be separately read and 
applied in each particular case. An arrangement to make a har- 
monious reading was ening y impossible. 

Section 1. 

Is Section 2, Clause VIII of the Act of April 3, 1851, P. L. 320. 

Section 2. 

Is Section 1 of the Act of May 10, 1907, P. L. 196. 

Section 3. | 

Is a part of Section 1 of the Act of June 7, 1907, P. L. 461. What 
was originally Section 1 of the Act of 1907 has in this code been 
divided into two sections for the purpose of clear nending: 

Section 4. 

Is a part of Section 1 of the Act of June 7, 1907, P. L. 461. 

Section 5. 

Is Section 2 of the Act of June 7, 1907, P. L. 461. 

Section 6. | 

Is Section 1. of the Act of May 28, 1891, P. L. 109. 

Section 7. | 

Is Section 1 of the Act of June 15, 1871, P. L. 391. In “Mill Creek 
Sewer,” 196 Pa. 183 it was held that this Act of 1871 was not repealed 
by the Act of May 16, 1891, P. L. 75, which related to condemnation 
proceedings and the assessment of damages and benefits incident 
thereto in numerous cases of public improvement by municipalities. 

Section 8. 

Is a part of Section 1 of the Act of March 18, 19038, P. L. 28. What 
was originally one section in the Act of 1903 has in this code been 
divided into two sections for the purpose of clearer reading. 

Section 9. 

Is a part of Section 1 of the Act of March 18, 1903, P. L. 28. 

Section 10. 

Is Section 1 of the Act of May 21, 1895, P. L. 89. This section 
has been re-drafted and much matter which was useless has been 
omitted. 

Section 11. 

Is Section 2 of the Act of tay 21, 1895, P. L. 89. 


192 











hee,” 


a 


Section 12. 

Is Section 1 of the Act of June 13, 1874, P. L. 288. In “Phila- 
delphia’s Appeal,” 163 Pa. 70, it was held that this Act of 1874 was 
not repealed by the Act of 1891, P. L. 116. The court, in that case, 


held that the Act of 1874 provided for an appeal within thirty days 


of the filing of the report of viewers, while the Act of 1891 provided 
for an appeal within thirty days of the confirmation of the decree by 
the Court of Quarter Sessions. These two provisions were therefore 
not inconsistent with each other. 

Section 13. 

Is Section 2 of the Act of June 13, 1874, P. L. 283. 

Section 14. 

Is Section 1 of the Act of June 2, 1891, P. L. 172. This Act of 
1891 is a supplement to the Act of 1874, P. L. 283, and the reference 


’ to Sections 13 and 14 of this Article is to the sections in which the 


Act of 1874 has been incorporated. 





CHAPTER VI. 





ARTICLE II. 





CONDEMNATION PROCEEDINGS IN COURT OF COMMON 
PLEAS. 


; he material in this article is taken entirely from the Act of May 
16, 1891, P. L. 75, and its several amendments and supplements. 
This act in its original form is general to all municipalities, and 
provides a minute procedure for the condemnation of property for 
municipal improvements. In this draft it has been restricted to bor- 
oughs. The material has been rearranged and in many cases the sec- 
tions have been divided. In “Hand v. Fellows” 148 Pa. 456, it was 
held that the Act of 1891, P. L. 75, did not repeal existing legisla- 
tion upon the same subject, but conferred additional and cumulative 
powers. 

Section 1. 

Is part of Section 1 of the Act of June 12, 1893, P. L. 459, amend- 
ing Section 1 of the Act of May 16, 1891, P. L. 75. To this section 
have been added the subjects of public buildings and works, water- 
works, wharves and docks, libraries and parks and playgrounds. 
This addition was necessitated by reason of the elimination of emi- 
nent domain procedures on these subjects and the adoption of the 
procedure set forth in this artcle. 

Section 2. 

Is part of Section 1 of the Act of June 12, 1893, P. L. 459, amend- 
ing Section 1 of the Act of May 16, 1891, P. L. 75. What was origi- 
nally Section 1 of this Act of 1893 hak in this code, been divided 
into three sections for the purpose of clearer Seegiag 

: 193 


Section 3. k 
‘Is a part of Section 4 of the Act of May 16, 1891, P. L. 75. This 
Section 4 of the Act of 1891 has been divided into two sections be- 
cause it was felt that the two sentences of the section were not 
germane to each other. 

Section 4. 

Is a part of Section 1 of the Act of June 12, 1893, P. L. 459, amend- 
ing Section 1 of the Act of May 16, 1891, P. L. 75. | 

Section 5. 

Is a part of Section 1 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 2 of the Act of May 16, 1891, P. L. 75. What was 
originally Section 1 of the Act of 1903 has, in this code, been di- 
vided into five sections for the purpose of clear reading. 

Section 6. | 

Is Section 3 of the Act of May 16, 1891, P. L. 75. From this sec- 
tion was omitted the clause ‘‘or by the vacation of any public high- 
way.” This omission was made pursuant to the ruling in the case 
of “Howell v. Morrisville Boro,” 212 Pa. 349, in which it was held 
that this section gave no right to damages for the vacation of a 
public highway, but was inserted in the Act of 1891 to cover certain 
cases arising under local and special legislation, and hence seems 
to have no application to general borough legislation. This deficiency, 
however, has since been supplied by the Act of 1918, P. L. 633. 

The words “total cost of the improvement” were substituted in 
this section for the words “said damages.” This change was dictated 
by the conclusion of the court in “In re petition of the city of New 
Castle,” 16 Pa. C. C. 478, wherein it was held that the phrase “said 
damages” should be construed as though it were “total cost of the 
improvement.” This conclusion seemed reasonable and serves greatly 
to clarify the reading of the section and was therefore adopted. 

Section 7. 

Is a part of Section 1 of the Act of May 15, 1913, P. L. 215. 

Section 8. 

Is part of Section 1 of the Act of May 15, 1913, P. L. 215. This 
Act of 1918 is a supplement to the Act of May 16, 1891, P. L. 75, 
which comprises the greater part of this article. 

Section 9. 

Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 2 of the Act of May 16, 1891, P. L. 75. 

Section 10. 

Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 2 of the Act of May 16, 1891, P. L. 75. | 

Section 11. 

Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 2 of the Act of May 16, 1891, P. L. 75. 


194 


f 


ny Yel Go bette ona lea 





PSection 12. 
Is part of Section 1 of the Act of April 2, 1903, P. L. 124, amend- 


ing Section 2 of the Act of May 16, 1891, P. L. 7. 


Section 13. 
Is a part of Section 4 of the Act of May 16, 1891, P. L. 75. From 
this part of Section 4 has been omitted the clause fixing the pay of 


_yiewers at five dollars per day. This pay is now fixed by the Act of 


1911, establishing a county board of viewers. 

Section 14. 

Is a part of Section 5 of the Act of May 16, 1891, P. L. 75. This 
Section 5 has been divided in this code into three sections. It was 


thought that clearer reading and better arrangement would thereby 


be secured. 

Section 15. 

Is a part of Section 5 of the Act of May 16, 1891, P. E75. 

Section 16. 

Is a part of Section 5 of the Act of May 16, 1891, P. L. 75. This 
part of Section 5 of the Act of 1891 has been greatly changed from 
its original form. This change was necessitated because the sec- 
tion as it appeared in the pamphiet laws was without sense. In this 
arrangement the idea which was evidently in the mind of the Legis- 
lature has been preserved. This same section was incorporated in 
the Act of 1913 relating to the government of cities of the third 
class and in that act has been materially changed from its original 
form. 

Section 17. 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, 
amending Section 6 of the Act of May 16, 1891, P. L. 75. What 
was originally Section 2 of this Act of 1903 has in this code been 


divided into three sections for the purpose of clearer reading and 


better arrangement. 

Section 18. 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, 
amending Section 6 of the Act of May 16, 1891, P. L. 75. 

Section 19. 

Is Section 1 of the Act of April 18, 1905, P. L. 198, which is a 
supplement to the Act of cate 16, 1891, P. L. 7. 

Section 20. r 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, 
amending Section 6 of the Act of May 16, 1891, P. L. 75. It is to 
be noted that this section originally provided that any person might 
appeal within thirty days after the confirmation of the report. This 
has been changed to six months in view of the ruling of the Supreme 
Court in “Scranton Sewer” 213 Pa. 4, in-which it was held, on a 
motion to quash an appeal, because it was not taken within thirty 
days from the confirmation of the report of viewers, that the word- 
ing in the Act of 1903, was simply one of permission and did not take 


195 


away the right given by the Act of 1897, P. L. 67 to appeal within 
six months. There seems, therefore, no reason why this provision 
of thirty days should remain in this section, and it was thought best 
to insert the real time which it has been decided, governs in such 
cases. 

Section 21. 

Is part of Section 2 of the Act of April 18, 1905, P. L. 198. This 
Section 2 of the Act of 1905 has in this code been divided into four 
sections. It was thought thereby to secure clearer reading and bet- 
ter arrangement. 

Section 22. 

Is a section drafted from part of Sections 2 and 5 of the Act of 
April 18, 1905, P. L. 198. 

Section 238. 

Is a part of Section 2 of the Act of April 18, 1905, 
P. L. 198. 

Section 24. 

Is a part of Section 2 of the Act of April 18, 1905, 
P..L. 198. 

Section 25. 

Is a part of Section 3 of the Act of April 18, 1905, 
P. L. 198. 

Section 26. 


Is a part of Section 3 of the Act of April 18, 1905, 


P, L.:498. 

Section 27. 

Is Section 4 of the Act of April 18, 1905, P. L. 198. 

Section 28. 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 6 of the Act of May 16, 1891, P. L. 75. What was origi- 
nally Section 2 of the Act of 1903 has in this code been divided into 
a number of sections. 

Section 29. 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 6 of the Act of May 16, 1891, P. L. 75. 

Section 30. 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 6 of the Act of May 16, 1891, P. L. 75. 

Section 31. 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 6 of the Act of May 16, 1891, P. L. 75. 

Section 32. : 

Is a part of Section 5 of the Act of April 18, 1905, P. L. 198 and is 
incorporated in this part of this article because it seems to contem- 
plate not only the appeals spoken of in the Act of 1905 which are 
those from the confirmation of the report; but also appeals after 


196 


: 





_yerdict and final judgment on a jury trial in the Court of Common 
Pleas as provided by the Act of 1891, P. L. 75, to which this Act 
of 1905 is a supplement. 

Section 33. 

Is a part of Section 2 of the Act of April 2, 1903, P. L. 124, amend- 
ing Section 6 of the Act of May 16, 1891, P. L. 75. 

Section 34. 

Is Section 7 of the Act of May 16, 1891, P. L. 75. 

Section 35. 

Is a part of Section 10 of the Act of May 16, 1891, P. L. 75. 





CHAPTER VI. 





ARTICLE IIT. 





DAMAGES FOR INJURY TO PROPERTY. 


Section 1. 

Is Section 1 of the Act of May 28, 1913, P. L. 368. The sateen con- 
tained in this article comprehended so many cases in which damages 
might have been assessed, that it was felt that a separate article 
should be made of this material. 

Section 2. 

Is Section 2 of the Act of May 28, 1913, P. L. 368. 

Section 3. 

Is Section 3 of the Act of May 28, 1913, P. L. 368. 

Section 4. | 

Is Section 4 of the Act of May 28, 1913, P. L. 368. 

Séction 5. . 

Is Section 1 of the Act of June 27, 1913, P. L. 633. This act seems 
to have been passed to cover the deficiency in the law as pointed out 
in “Howell y. Morrisville Borough” 212 Pa. 349, in which it was 
held that the Act of 1891, P. L. 75, gave no right to damages for 
the vacation of a public highway. 


197 


CHAPTER VI. 





ARTICLE IV. 





OPENING, WIDENING, EXTENDING, STRAIGHTENING, RD 
VACATING STREETS. 


The statutory law on the subject of opening, widening, straighten- 


ing, etc., of borough streets without a petition for the improvement _ 


and the procedure for the assessment of damages therefor, are in a 
state of great confusion. In some cases the acts overlap one an- 


other, in others the intent is obscure, and in still others the pro- 


cedure seems to be incomplete. It is thought advisable therefore, 
before discussing the separate sections of this article to give a brief 
history of the legislation on this subject. 

Prior to the Act of April 8, 1851, P. L. 320, streets in boroughs 
were laid out by the Court of Quarter Sessions, on petition of any- 
one residing in the district in which the streets were to be located, 
under the act of June 13, 1836, P. L. 551. By Section 2, Clause 2, 
of the Act of April 3, 1851, P. L. 320, it was provided that the bor- 
ough council should have power to lay out, widen, straighten, etc., 
streets, and it was held in “Somerset and Stoyestown Road, 74 Pa. 
61, and in Palo Alto Road, 160 Pa. 104” that the Act of 1836 was 
repealed so far as inconsistent by the Act of 1851, and that subsequent 
to this latter act a street wholly within a borough was to be laid out 
by the borough council and burgess, and not by the Court of Quar- 
ter Sessions. The manner of assessing damages, however, was not 
changed, clause 8, Section 27, of the Act of 1851, expressly applying 
the procednre provided in the general road act of 1836. 

Whether the borough council after it had laid out and opened a 
street could of its own volition petition the Court of Quarter Ses- 
sions to assess the damages, or whether the petition had to be by some 
person whose property was damaged or someone other than the bor- 
ough council, is not clear, but by the Act of April 22, 1856, P. L. 
525, the council and burgess were expressly given power to petition 
the Court of Quarter Sessions to assess damages when they had or 
were about to open, widen, or extend a borough street or alley, and 
thereupon the court was authorized to appoint seven viewers, which 
the amendment of 1911, P. L. 1085, changed to three, who should 
assess the damages and file a report. 


This act of 1856 seems to have taken away the right of the prop- | 


erty owner, whose land was damaged, to petition for the assessment 
and placed it in the borough authorities, leaving the individual as 
his protection a bill in equity or exceptions and appeal to the action 
of the viewers or of the court thereon. See Lucas v. Washington 


198 


: 
——T ho aloe tt 


.. 2 Pa. C. C. 6380; Trickett on “Pennsylvania Borough Law,” 
page 284, Section 229 and page 359, Section 287; and Somerset v. 
_ Stoyestown Road, 74 Pa. 61. 

By the Act of March 19, 1903, P. L. 35, amending the Act of March 
16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P. L. 
106, provisions were. made for the opening, etc. of streets in munici- 
palities without petition of the property owner, and it was held in 
Dorrance v. Dorranceton Borough, 181, Pa. 164, and Pennsburg Alley, 
12 Pa. C. C. 213, that although this Act of 1891 as amended did not 
confer any powers to boroughs additional to that which they had by 
the Act of 1851, it did prescribe new conditions in regard to the 
passage of the ordinances for putting the power into operation. 

It seems the amendments of 1895 and 1903, provided additional 
means for the assessment of damages for such improvements, in that 
the petition to assess such damages could be at the instance either 
of the borough or of any party in interest to the court of common 
pleas, and it was held in Hanover Boroughs Appeal, 150 Pa. 202, that 
where a borough street was laid out under the act of 1851, an in- 
dividual whose property was damaged could petition the court of 
common pleas for an assessment of the same, under the provisions 
of the Act of May 16, 1891. 

It cannot be successfully contended that this Act of 1891, as 
amended provides an exclusive method for assessing such damages, 
as the Legislature in 1911, in amending the Act of 1856, have ex- 
pressly recognized it as being in force. 

As a conclusion from what has been said above, it appears there 
are three methods whereby damages may be assessed for the open- 
ing, widening, straightening, etc., of borough streets where such 
action is taken by the borough council without a petition for the 
improvement. 

First. By the borough council to the court of common pleas under 
the Act of May 16, 1891, P. L. 75, as amended by the Act of March 
19, 1903, P. L. 35. 

Second. By the property owner whose land is damaged, to the 
court of common pleas under the Act of May 16, 1891, P. L. 75, 
as amended by the Act of March 19, 1903, P. L. 35. 

Third. By the council and burgess to the court of quarter sessions 
under the Act of April 22, 1856, P. L. 525, and the following acts 
supplementary to the procedure in the court of quarter sessions, 
to wit: The Act of March 27, 1903, P. L. 83, authorizing an ex- 
ception to the report of such viewers; and the acts of April 15, 1891, 
P. L. 17, and May 26, 1891, P. L. 116, both authorizing appeals to 
the court of common pleas for a jury trial. By the Act of May 2, 
1901, P. L. 113, Section one, of the Act of 1856, P. L. 525, was 
amended, its purpose being two-fold; to change the jurisdiction for 
assessing damages in such cases from the court of quarter sessions 
to the court of common pleas and to extend the procedure to the 


199 


case of foot-walks along the sides of turnpike roads. By the Act of 
June 20, 1911, P. L. 1085, Section one, of the Act of 1856 was again — 
amended, but the Legislature overlooked the Act of 1901, and cited — 


for amendment the original provisions of the Act of 1856. The 
only purpose of the Act of 1911 was to change the number of viewers 





wie > tea te Die 


from seven to three. In conformity with the ruling in Mercersburg © 
College v. Mercersburg Borough, 53 Pa. Supt. Co. 388, both these © 


amendments must be taken as law so far as they are not inconsistent 


so that so far as procedure for assessing damages or opening, widen- — 


ing, straightening, etc., of streets, the court of quarter sessions again 
has jurisdiction, and in the case of side-walks abutting turnpike roads, 
the provisions of the amendment of 1901 apply and the procedure is 
in the court of common pleas. 


There seems to be no good reason why this procedure for assess- 


ing damages in the court of quarter sessions should be retained. 
The Act of May 16, 1891, is comprehensive enough to include any 
case which might arise. The acts relating to the procedure in the 
court of quarter sessions for assessing the damages have been omitted 
from this code, and will be repealed as far as they relate to boroughs 
so that there will exist but one method for doing one thing. The 
fact that the Legislature changed the procedure by the amendment 
of 1901 from the court of quarter sessions to the court of common 
pleas seems to indicate that they wished to have in force but one 
method of procedure, to wit: In the court of common pleas. As 
stated the amendment of 1911 changed the procedure again and re- 
stored it originally to the court of quarter sessions purely through 
an oversight as the whole intention of the act was simply to change 
the number of viewers which had already been done by the Act 
of 1901. Recommendation: It is suggested that the last sentence of 
this section be omitted. 

Section 1. 

Is a draft comprehending the provisions of Section 2, Clause 2, 
and part of Section 27, Clause 38, Act of April 3, 1851, P. L. 320, and 
Section 1, Act of March 19, 1903, P. L. 35, amending Act of May 
16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P. L. 106. 

Section 2. 

Is Section 1, Act of July 12, 1897, P. L. 246, amending Section 3, 
Clause 8, Act of April 3, 1851, P. L. 320. 

Section 3. 3 

Is Section 1, Act of March 19, 1903, P. L. 35, amending Act of 
May 16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P. 
L. 106. 

Section 4. 

Is Clause 5, Section 27, Act of April 3, 1851, P. L. 320. Attention 
is called to the fact that part of Section 2, Clause 3, of the Act of 
April 8, 1851, P. L. 320, providing that boroughs shall have power 
to prohibit the erection or construction of any building, work, ex- 


200 





‘eavation or other obstruction: to the opening, widening, 01 straighten- 
‘ing of streets, etc., has been omitted from the code, it being thought 
that Clause 5, of Section 27, incorporated at this place completely 
legislates for the subject and that the provision of Section 2 is sur- 
:  plusage. Moreover, it would be inconsistent to make it unlawful to 
Pa certain things and later on state that boroughs shall have power 
to prohibit the same. So far, however, as Section 2, Clause 3, of 
this Act of 1851, authorizes a borough to prohibit the erection of 
such obstructions to the convenient use of streets already laid out, 
its provisions have been retained and appear in this code in Chapter 
_ 5, Article 1, Section 2, Clause 2. So much of Clause 5, Section 27, 
as relates to the subject of sewers has been omitted as its provisions 
appear in a subsequent article devoted to that subject. 

~ Section 5. 

Is a draft from Section 1, Act of April 28, 1899, P. L. 100, amend- 
ing Section 8, Act of May 16, 1891, P. L. 75. The reference to Chapter 
six, Article two is the place in this code where the procedure for 
the assessment of damages in the court of common pleas has been 
incorporated. That this procedure obtains in such a case is decided 
affirmatively in Hanover Boroughs Appeal, 150 Pa. 202. Attention 
is again called to the fact that the procedure for assessing damages 
in the courts of quarter sessions, which would logically have appeared 
at this place, has been omitted for the reason set forth in the discus- 
sion introductory to this article. 

Section 6. 

Is Section 27, Clause 4, Act of April 3, 1851, P. L. 320. 

Section 7. 

Is part of Section 1, Act of March 19, 1903, P. L. 35, amending 
Section 9, Act of May 16, 1891, P. L. 75, so drafted as to make its pro- 
visions exclusively apply to the subject of boroughs. 

Section 8. 

Is a draft made from part of Section 1, of the Act of March 19, 
1903, P. L. 35, amending Section 9, Act of May 16, 1891, P. L. 75, 
and part of Section 10, Act of May 16, 1891, P. L. 75, in order to in- 
corporate all the provisions of the law relating to the subject of the 
petition at one place in the code. 

Section 9. 

‘Ts Section 1, Act of March 19, 1903, P. L. 35, amending Act of 
May 16, 1891, P. L. 75, as amended by the Act of May 2, 1895, P. L. 
106. Recommendation: The conditions attached to the passage of 
the ordinance should be removed. The procedure is at the instance 
of the property owners. 

Section 10. | 

Is part of Section 10, Act of May 16, 1891, P. L. 75. This section 
of the original act has been divided into three sections in the code, 
it being thought that clearer reading could thereby be obtained. 


201 


_ Section 11. 
“ Is part of Section 10, Act of May 16, 1891, P. L. 75. 

Section 12, 

Is part of Section 10, Act of May 16, 1891, P. L. 75. 

Section 13. 

Is a draft from Section 1, Act of April 28, 1899, P. L. 100, amend- 
ing Section 8, Act of May 16, 1891, P. L. 75. The reference to Chap- 
ter six, Article two, are to other sections of the Act of 1891, P. L. 7, 
as amended, the reference being made instead of re-writing pro- 
visions of those sections a second time in this code. 

Section 14. 

Is Section 1, Act of June 1, 1911, P. L. 541, re-drafted so as to 
exclude the subject of common sewers which has been reserved for 
a later article. 

Section 15. 

Is Section 1, Act of May 9, 1889, P. L. 173, Act No. 192. 





CHAPTER VI. 





ARTICLE V. 





VACATION OF ROADS AND STREETS. 
(a) ROADS LAID OUT BY THE COMMONWEALTH. 


Section 1. 

Is Section 1 of the Act of March 21, 1905, P. L. 46. 

Section 2. | : ' 

Is Section 2 of the Act of March 21, 1905, P. L. 46. From this 
section was stricken the phrase relating to the assessment of dam- 
ages. The section provided that damages should be assessed as “now 
provided for by law in reference to payment of costs, damages and 
expenses of public improvements within municipal corporations.” 
A specific reference has instead been made to Chapter six, Article 
two, which article contains a complete procedure in such cases and 
is undoubtedly that to which this section of the Act of 1905 had 


reference. 


(b) LANES AND ALLEYS DECLARED NUISANCES BY 
BOARD OF HEALTH. 

Section 3. 

Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, 
amending Section 1 of the Act of April 17, 1905, P. L. 198. A ;fe- 
culiar situation was discovered with regard to the law contained 
in this subhead of this article. By the Act of 1905, P. L. 193, a pro. 
cedure was provided whereby alleys, etc., which had been declared 


202 













uisances could be vacated by the Court of Quarter Sessions. This 
procedure was re-enacted verbatim with the addition of a provisu, 
‘by the Act of 1907, P. L. 503. This Act of 1907 had no reference 
‘to the Act of 1905. The Act of 1905 was amended by the Act of 
June 20, 1911, P. L. 1087 and the Act of 1907 was amended by the 
Act of June 19, 1911, P. L. 1036. Both of these amendments were 
| exactly the same and therefore in this code the Act of June 20, 1911, 
'P. L. 1087, being the later one, has been used. Both of these amend- 
‘ments and the original acts are to be repealed by this code so far 
_as they relate to boroughs. 

Section 4. 

_ ds a part of Section 1 of the Act of June 20, 1911, P. L. 1087, 
amending Section 1 of the Act of April 17, 1905, P. L. 193. 

Section 5. | : 

Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, 
amending Section 1 of the Act of April 17, 1905, P. L. 193. See- 
j tions, five, six and seven have largely been re-drafted. The law 

_was not changed in any respect but the matter was rearranged and 
: Bruch surplusage was omitted. 
; Section 6. 
| Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, 
| amending Section 1 of the Act of April 17, 1905, P. L. 193. 

Section 7. 
| Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, 
| amending Section 1 of the Act of April 17, 1905, P. L. 193. Attention 
_ is called to this section to the fact that it is hard to comprehend who 
-would be defendant in such an action. 

Section 8. 

Is a part of section 1 of Act of June 20, 1911, P. L. 1087, 

amending Section 1 of the Act of April 17, 1905, P. L. 193. 
| Section 9. 

_ Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, 
amending Section 1 of the Act of April 17, 1905, P. L. 193. 
- Section 10. 

Is a part of Section 1 of the Act of June 20, 1911, P. L. 1087, 
amending Section 1 of the Act of April 17, 1905, P. L. 193. This 
‘section has been re-drafted and shortened but the law has not been 
changed. 


& 
i: 
> 
. 


| 203 
ie 


CHAPTER VI. 





ARTICLE VI. 





ROADS PARTLY WITHIN THE BOROUGH. 


Before discussing the several sections of this article, a short 
sketch of the legislation on the subject of roads partly within a 
borough, was deemed necessary. Prior to the Act of 1851, P. L. 
320, all roads, whether wholly or partly within the borough, were 
laid out by the Court of Quarter Sessions under the Act of 1836, 
known as the General Road Law. The Act of 1851 empowered the 
borough council to lay out roads wholly within the borough, and 
the Act of 1856, P. L. 525, provided the method whereby the damages 
might be assessed. So far, however, as roads partly within a borough 
were concerned, it was held by the Supreme Court that the Act of 
1851 did not apply and these roads were still to be laid out under 
the General Road Law of 1836. (See “In Re Parkersburg Borough, 
124 Pa. 511.”) 


Section 1. 
Is a section drafted from Section 27, Proviso 2 of Clause 3, of 


the Act of April 3, 1851, P. L. 320, amended by Section 2 of the 
Act of May 22, 1883, P. L. 39. General reference in this section, 
viz., “like proceedings shall be had as for the laying out and opening 


es 


of public roads” is to the General Road Law of 1836, P. L. 551 and. 


its several amendments and supplements. A general reference was 
made instead of a specific one, in view of the ruling of the courts 
that a general reference to an existing method of procedure is con- 
stitutional. The general reference was also preferred because it ap- 
pears in the Act of 1851, P. L. 320, and there seemed no necessity 
for incorporating the entire procedure of the Act of 1836, in the 
code. 

Section 2. 

Is Section 27, Proviso 2 of Clause 3, of the Act of April 3, 1851, 
P. L. 320 as amended by Section 2 of the Act of May 22, 1883, P: 
L. 39. 

Section 3. 

Is Section 27, Proviso 1 of Clause 5, of the Act of April 3, 1851, 
P. L. 320. In “In Re Parkersburg Borough,” 124 Pa. 511, it was held 
that since the passage of the Act of 1851, giving the borough council 
the power to lay out and open roads wholly within the borough, 
the first proviso of Clause 5 of Section 27 of the Act of 1851 ap- 
plied now only to roads partly within the borough and laid out 
under the General Road Law of 1836. 

Section. 4. 


Is Section 1 of the Act of May 23, 1891, P. L. 109. From this — 


section has been omitted the clause “or within six years from the 


204 






date of notice of the intended opening of the same under an ordi- 
| nance or resolution duly passed but not thereafter.” This was 
| omitted from this section because it was felt that it could not in 
' any manner relate to boroughs. It will be noted that this section is 
‘limited to cases where the road is laid out by a jury and not by 


_ the borough council itself. Since all roads wholly within the borough 


are laid out by the borough council and not by a jury of view, this 
' act was restricted in its application in this code to roads partly 


| within the borough and laid out by Courts of Quarter Sessions. 
| The section in its original form is general to municipal corporations 


and it is possible that the clause stricken from the section has 
_ reference to some municipal! corporation other than a borough. 
Section 5. . 

7 Is Clause 5 of Section 27 of the Act of April 3, 1851, P. L. 320. 
. In “In Re Parkersburg Borough,” 124 Pa. 511, it was held that 
this provision of the Act of 1851 applied to ae partly within 
the borough. From this section was omitted the clause “but the 
loss of injury sustained by the laying out of the same, or the en- 
actment of such widening or straightening thereof, shall be deter- 
- mined by the agreement of the parties, or by a jury of view appointed 
_ by the Court of Quarter Sessions.” The clause was omitted be- 
cause it seems to be declaratory of what will be said in another 
part of the code, in providing a procedure for the assessment of 
damages in such cases. 

Section 6. 

Is a part of Section 1 of the Act of May 5, 1911, P. L. 123. What 
was Section 1 of the Act of 1911 has in this code been divided into 
three sections. It was thought thereby to obtain clearer reading 
and better arrangement. 

Section 7. 

Is a part of Section 1 of the Act of May 5, 1911, P. L. 123. 

Section 8. 

Is a part of Section 1 of the Act of May 5, 1911, P. L. 123. 





CHAPTER VI. 





ARTICLE VII. 





STREET IMPROVEMENT. 





(a) GRADING STREETS AND ASSESSMENT OF DAMAGES. 

Section 1. 

Is a section drafted from Section 1 of the Act of June 5, 1913, 
P. L. 411, amending Section 2, Clause 4 of the Act of April 3, 1851, 
> 320; and Section 1 of the Act of April 28, 1899, P. L. 100, 

205 


amending the Act of May 16, 1891, P. L. 75. Provisions from both 
of-these acts have been taken in view of the decision in “West 
Chester Alley,” 160 Pa. 89; “Hanover Borough’s Appeal,” 150 Pa. — 
202; “Seaman v. Washington Borough,’ 172 Pa. 467, and “Deer — 
v. Sheridan Borough,” 220 Pa. 307. In “Seaman y. Washington 
Borough,” the court held that the Act of 1891, P. L. 75 did not re- 
peal the Act of 1851, P. L. 320, so far as it related to the grading 
of streets, but that it must be read in addition to the Act of 1851. 
It was also held that it was doubtful whether the provisions of 
the Act of 1891 authorized the changing of a grade that had once 
been established. This power to change grades was undoubtedly 
given to boroughs by the Act of 1851. 

Section 2. 

Is Section 1 of the Act of July 12, 1897, P. L. 246, amending 
Section 3, Clause 8 of the Act of April 3, 1851, P. L. 320. This 
act originally applied also to the laying out, widening, etc. of streets. 
These provisions have here been omitted, having been incorporated 
in chapter 6, Article 4, relating to the opening, widening, etc. of 
streets. 

Section 3. 

Is a section drafted from Section 1 of the Act of April 28, 1899, P. 
L. 100, amending Section 8 of the Act of May 16, 1891, P. 
L. 75. This section is inserted to cover all cases of the grading of 
streets where private property is damaged, and the reference to 
Chapter 6, Article 2, is a reference to the procedure under the Act 
of 1891 and its several amendments and supplements. A material 
change has been made in the law relating to the assessment of dam- 
ages in the grading of streets. Under the Act of May 24, 1878, P. L. 
129, as amended by the Acts of April 27, 1911, P. L. 89 and June 
24, 1895, P. L. 248, a procedure was provided in the court of common 
pleas for the assessment of damages, where the grades or lines of 
any street were altered or enlarged and damages resulted to the 
owners of property abutting thereon. By the Act of 1891, P. L. 75, 
an additional mode of procedure, in the court of common pleas, was 
established, providing for the assessment of damages in the case of 
grading streets. In “Seaman v. Washington Borough,” 172 Pa. 467 
and “Deer v. Sheridan,” 220 Pa. 307,” it was held that the Act of 
1891 did not repeal the Act of 1878 and that a party had an option 
to proceed under either act. There seems to be no necessity why 
these two modes of procedure should remain upon the statute books. 
The Act of 1891 has been adopted, first, because its procedure is 
very complete and minute in detail, second, all that was necessary 
in this article was simply a reference to the chapter and article 
where that procedure is set forth, where, if the Act of 1878 had 
‘een adopted, it would have necessitated setting forth the entire pro- 
fedure. There was some doubt -whether this Act of 1878 did not 


206 





PT 


; go further than the grading of streets, and also include under the 


clause “changing the lines of any street,” the widening or straight- 
ening of the streets. This point was raised and decided in “In Re 
Brady Street,” 99 Pa. 591, where it was sought to apply the pro- 
visions of this Act of 1878 to the widening of a street. The court dis- 
missed the case and held that the act was restricted to the case 
of grading. 


(b) GRADING, CURBING, PAVING, MACADAMIZING STREETS 
ON PETITION, AND ASSESSMENT ACCORDING TO BENE- 
FITS. 


Section 4. 

Is a part of Section 1 of the Act of April 28, 1899, P. L. 100, 
amending Section 8 of the Act of May 16, 1891, P. L. 75. In this 
subhead of this article has been included the power to grade, pave, 
curb or macadamize upon petition of property owners. This same 
‘proposition is covered by subhead (c) of this article. The distinc- 
tion between the two heads is that under (b), the costs, expenses, 
etc. are assessed by the viewers, whereas under clause (c), they are 
assessed according to the foot front rule. 

Section 5. . 

Is part of Section 10 of the Act of May 16, 1891, P. L. 75 

Section 6. | 

Is a part of Section 10 of the Act of May 16, 1891, P. L. 75. 

Section 7. 

Is a part of Section 10 of the Act of May 16, 1891, P. L. 75. 

Section 8. 

Is a part of Section 1 of the Act of April 28, 1899, P. L. 100, | 
amending Section 8 of the Act of May 16, 1891, P. L. 75. 


(c) GRADING, CURBING, PAVING OR MACADAMIZING 
STREETS AND COLLECTION OF COST BY FOOT-FRONT 
RULE. 


The statutory law on the subject of grading, curbing, paving or 
macadamizing of borough streets and collecting the cost of such im- 
provement from properties abutting thereon according to the foot- 
front rule, is comprehended under four acts of Assembly, to wit: 
The Act of April 23, 1889, P. L. 44, providing for the paving, curb- 
ing, and macadamizing of streets on petition of owners of property 
representing twu-thirds of the number of feet-front and assessing 
two-thirds of the cost on such property; the Act of May 19, 1897, 
P. L. 79, providing for the grading of streets on petition of a ma- 
jority of owners in interest and number abutting the proposed im- 
provement, and the assessment of the whole or part of the cost 
upon such property; the Act: of April 20, 1905, P. L. 232, providing 
for the grading, curbing, paving or macadamizing on petition of 
property owners representing four-fifths of the feet-front and assess- 


14H 207 


ing the whole cost on such property; and the Act of May 12, 1911, P. 
L. 288, providing for the grading, curbing, paving or macadamizing 
of streets without a petition or the improvement, and the assess- 
ment of two-thirds of the cost according to the foot-front rule. 

As these acts, if all their provisions were retained, would present 
the subject in a confusing and unscientific way, it has been sought 
to incorporate the enabling provisions of all these acts into one sec- 
tion and to evolve from all the statutes a common method of pro- 
cedure. The Acts of 1889, 1905, 1911, offered little difficulty to this 
plan, as they contained many similar provisions. The chief difficulty 
lay in the Act of 1897, as it contained a different procedure than 
was comprehended in the other statutes. The first difference was 
as to the method of notice of the fact that a petition for the im. 
provement had been made, the system under the Acts of 1889 and 1905 
being to advertise the ordinance by posting hand-bills along the 
proposed improvement stating the fact and date of the passage of the 
ordinance, and that any person interested denying the fact that the 


ordinance was properly signed might appeal to the court of common 


pleas, and, if on appeal the ordinance was affirmed or if no appeal was 
taken, then every person was estopped from denying the fact that the 
improvement was properly petitioned for, while, under the Act of 
1897, such a mandatory notice was not required, but the borough was 
authorized to publish the petition in a newspaper circulating in the 
borough and any person was thereafter estopped from denying the 
petition for the improvement. As there seems to be no good reason 
for this difference in acts of Assembly which contemplate the same 
improvement and the collection of the cost in the same way, and in 
order to make a uniform procedure in all cases where the foot-front 
rule applies, the provisions of the Act of 1897, relating to the notice 
have been omitted and the proceedings specified in the Acts of 
1889 and 1905 substituted. 

Another distinguishing feature in the Act of 1897 was that it 
provided that the person who made the assessment was required to 
give five days notice of such fact by publication, as well as by service 
either personal or left on the assessed premises. The system which 
obtained under the Acts of 1889 and 1905, was not to give notice of 
the making of the assessment, but after the assessment had been 
made and filed with the secretary of the borough this officer was 
required to give thirty days notice to persons who were assessed, to 
pay the same. There is no good reason why there should not be a 
uniform method in making known to the owner the amount with 
which he is charged for the improvement, and this, coupled with the 
fact that it is the only way that these acts could be incorporated 
into one draft, the notice contained in the Act of 1897 has been 
omitted, and the method provided in the Acts of 1889 and 1905 has 
been substituted. 


208 


el dell, a 





nF en eee eee poe Oe PTY, ey 


By the changes above mentioned it has been possible to draft a 
section covering similar provisions in all the four acts of Assembly 
and to condense into eight sections what was contained in twenty- 
nine sections of the original acts. So much of all these acts as re- 
late to the subject of municipal claims has been omitted where their 


provisions are covered by the Municipal Claim Act of 1901. 


Section 9. Introductory Clause. 

Is a draft of the enabling clauses of the following acts: Section 
1, Act of May 19, 1897, P. L. 79; Section 1, Act of June 8, 1911, P. 
L. 714; and Section 1, Act of June 13, 1911, P. L. 887, both of which 
are amendments of Section 1, Act of April 23, 1889, P. L. 44; Sec- 
tion 1, Act of April 20, 1905, P. L. 282; and Section 1, Act of May 12, 
1911, P. L. 288. In addition to the enabling clauses contained in the 
Acts of Assembly covering the four methods of improving streets there 
has been incorporated in this part of Section 9, of the code, so much of 
the Act of April 14, 1905, P. L. 168, as provides for the verification 
of the petition. In this connection it is desired to state that the 
Act of 1897, did not affirmatively provide that the petition should 
be verified, but in view of the fact that it is the general practice 
to require such affidavit the law has been slightly changed in the 
code, so as to require this affidavit where the provisions of the Act of 
1897, as incorporated in the code, is desired to be invoked. 

Section 9. Clause. I. 

Is a draft from Section 1, Act of June 8, 1911, P. L. 714, and 
section 1, Act of June 13, 1911, P. L. 887, both of which are amend- 
ments of Section 1, Act of April 23, 1899, P. L. 44, the later amend- 
ment overlooking the former, and thereby necessitating the incor- 
poration of all the provisions of the two amendments which are not 
inconsistent in conformity with the ruling in Mercersburg College 
Case, 53 Pa. Supt. Ct. 388. Recommendation: This clause should in- 
clude grading, as this is necessary in the paving and curbing of a 
street. 

Clause II. 

Is a draft from Section 1, Act of June 8, 1911, P. L. 714, and 
Section 1, Act of June 13, 1911, P. L. 887, both of which are amend- 
ments of Section 1, Act of April 23, 1889, P. L. 44. This, as will 
be noted, is a draft from the same acts as are comprehended in the 


preceding clause, it being thought that the subject would be presented 


in a clearer manner, if the provisions of the section were divided in 
this way. The reconciliation of these acts was not without difficulty. 
By the original Act of 1889, the petition was required to be by two- 
thirds of the property owners representing two-thirds of the feet- 
front abutting the line of the improvement, and provided for the 
assessment of two-thirds of the cost according to the foot-front rule. 
By the first amendment of 1911, no change was made in the law 
relative to the condition of the petition; it was still required to be 


“— 


209 


signed by two-thirds in number and two-thirds in feet-front, but 
it was provided that where property could be assessed only on one 
side of the street then one-half of the cost and not two-thirds should 
be collected. The second amendment of 1911 which overlooked the 
first changed the conditions of the petition for such improvement 
in that it need not be signed by two-thirds in number, but only by 
owners representing two-thirds of the feet-front abutting the im- 
provement. Since both of the amendments must be reconciled where 
not inconsistent and the inconsistent provisions stricken out, the 
first amendment of 1911 must be taken as good law with the exception 
that the requirement of the signatures of two-thirds in number of 
the owners of real estate abutting the improvement has been super- 
ceded. In Clause I of this section of the code, has been incor- 
porated the contingencies upon the happening of which two-thirds 
of the cost may be assessed, and in clause two the provision which 
justify the assessment of but one-half of such cost. Recommendation: 
This clause should include grading, as this is necessary in the pay- 
ing and curbing of a street. 

Clause III. 

Is a draft from Section 1, Act of April 20, 1905, P. L. 232, excluding 
that part providing that the assessment shall be estimated by such 
authorities as shall be designated by the council as this will appear 
in Section 15 of this article. ; 

Clause IV. 

Is drafted from Section 1, Act of May 19, 1897, P. L. 79, omitting 
that part of the section Phich relates to the publication of the pe- 
tition. This omission was made for the reason, as stated in the 
introduction, that the notice contained in the Acts of 1889 and 1905, 
has been substituted, in order to make the procedure for the im- 
provement of ‘streets upon a petition and the assessment of the cost 
according to the foot-front rule, uniform. 

Clause V. 3 

Is part of Section 1, Act of May 12, 1911, P. L. 288. This clause 
contains only the enabling provisions of Section 1, the remainder 
appearing in Sections 13 and 14 of this article. 

Section 10. 

Is a draft from Section 1, Act of April 14, 1905, P. L. 168, sup- 
plementing Act of April 23, 1889, P. L. 44, and Sock 1, Act of 
May 5, 1911, P. L. 166, supplementing Act of April 20, 1905, P. L. 
232. The draft has been made to include the provisions of the Act 
of 1897, and to supply the provision of that act relative to the 
advertisement of the petition. 

Section 11. 

Is part of Section 1, Act of April 14, 1905, P. L. 168, supplementing 
Act of April 23, 1889, P. L. 44, and Section 1, Act of May 5, 1911, P. 
L. 166, supplementing Act of April 20, 1905, P. L. 232. E 


_ 


210 


; - Section 12. . 
Is a draft from Section 1, Act of April 14, 1905, P. L. 168, sup- 
_ plementing Act of April 23, 1889, P. L. 44, and Section 1, Act of 
May 5, 1911, P. L. 166, supplementing Act of April 20, 1905, P. L. 
232, omitting therefrom the provisions relating to the filing of the 
assessment with the secretary of the borough, this provision being 
reserved for Section 16 of this article. It will be noted that what 
~ was included in one section of the supplementary acts has in this 
code been divided into three sections, it being thought that clearer 
reading would thereby be obtained, and it may be well to repeat that 
as incorporated in this code, the provisions of these three sections, 
to wit: 12, 13, and 14, which in their original form applied only to 
the procedure originally set forth in the Acts of 1889 and 1905, now 
includes the contingency provided for in the Act of 1897. 

Section 13. 

Is part of Section 1, Act of May 12, 1911, P. L. 288, with some 
slight changes in the verbiage made in order to emphasize the fact 
that it obtains only where no petition for the improvement is made. 

Section 14. 

Is part of Section 1, Act of May 12, 1911, P. L. 288. What was 
included in Section 1, of the original act has here been divided into 
two sections, it being thought that the subject could be presented 
more clearly in this way. 

Section 15. 

Is a draft from Section 1, Act of June 13, 1911, P. L. 887, amending 
Section 1, Act of April 23, 1889, P. L. 44; Section 1, Act of April 
20, 1905, P. L. 282, and Section 1, Act of April 12, 1911, P. L. 288. 

Section 16. co AR 

Is a draft from part of Section 2, Act of April 23, 1889, P. L. 44; 
Section 2, Act of April 20, 1905, P. L. 282; Section 2, Act of May 12, 
1911, P. L. 288. The Act of 1897, provided, as was stated in the in- 
troduction to this article, a somewhat different notice. For the rea- 
sons already stated the notice contained in this Act of 1897, has 
been omitted and the one which appears in these three acts from 
which this draft is made, is substituted, in order to make the pro- 
cedure uniform in all cases where the assessment is by the foot-front 
rule. 

Section 17. 

Is a draft from part of Section 2, Act of April 23, 1889, P. L. 
44; Section 2, Act of April 20, 1905, P. L. 232; and Section 2, Act 
of May 12, 1911, P. L. 288. In addition to what has been said in 
the preceding section it is to be noted that what was comprehended 
in one section in each of these three acts has in this code been 
divided into two sections, it being thought that clearer reading would 
thereby be secured, and that so much as relates to the procedure on 
the municipal claim has been omitted, and reference made to the 

| Municipal Claim Act of 1901. In addition there has been omitted 


211 


that-section which appears in the Acts of 1889, 1905 and 1911, pro- 
viding that where the defendant in any writ of scire facias shall 
be a corporation, and the property assessed cannot be sold the 
scire facias shall be proceeded upon to judgment and a writ of fieri 
facias shall be issued thereon by virtue of which any personal prop- 
erty of the corporation wherever situated may be levied on and sold, 
or an attachment execution may be issued, because it was thought 
to retain this provision in the code might expose it to the danger 
of being declared unconstitutional. This provision seems to be 
plainly in contravention to Article three, Section seven, of the con- 
stitution which prohibits the General Assembly from passing any 
local or special law ‘‘authorizing the creation, extension or impairing 
of liens,’ or ‘‘providing or changing methods for the collection of 
debts or the enforcing of judgments.” The section practically says 
that where a municipal claim has been filed upon the property of 
an individual it becomes a judgment in rem and binds only the prop- 
erty to which it is attached, but if a property should be situated 
adjacent to such real estate of the indivdual and is owned by a 
corporation that then the judgment on the municipal claim becomes 
not only a judgment in rem but on failure to sell the property upon 
which it is a lien, it takes on the form of a judgment in personem 
upon which an execution may issue and any personal property of 
the corporation wherever situated exposed for sale. In a word, it 
provides one method of securing the cost of the improvement where 
the abutting owner is an individual and a different method where 
such owner is a corporation. Certainly no good reason can be ad- 
vanced why such a classification should be made and as stated, it so 
clearly offends the constitutional prohibition, that to incorporate it 
in this code would be to expose the act to the danger of being declared 
unconstitutional and void. 


(d) GRADING, PAVING, CURBING, MACADAMIZING CON- 
NECTING STREETS. | 

Section 18. 

Is a part of Section 1 of the Act of May 7, 1907, P. L. 168, amending 
Section 1 of the Act of May 31, 1897, P. L. 114. 

Section 19. 

Is a part of Section 1 of the Act of May 7, 1907, P. L. 168, amending 
Section 1 of the Act of May 31, 1897, P. L. 114 

Section 20. 

Is a part of Section 1 of the Act of May 7, 1907, P. L. 168, amend- 
ing Section 1 of the Act of May 31, 1897, P. L. 114. 

Section 21. 
Is Section 2 of the Act of May 31, 1897, P. L. 114. From this 
section has been omitted the phrase “now provided by law in reference 
to the payment of costs, damages and expenses of public improve- 
ments within municipal corporations,” and instead there has been 


212 





_ substituted “provided in chapter 6, Article 2 of this act.” The gen- 
eral reference in the Act of 1897 can be to no other act than that 
_ of May 16, 1891, P. L. 75, the provisions of which appear in the 

- chapter and article referred to. 


(e) GRADING, CURBING, PAVING, MACADAMIZING BOUND- 
-ARY STREETS AND STREETS OUTSIDE LIMITS. 


a} By agreement with first class townships. 


Section 22. 

Is Section 1 of the Act of July 10, 1901, P. L. 687. This act in 
its original form empowered boroughs and townships of the first class 
to contract with each other for the improvement of boundary streets, 
and has here been incorporated ouly so far as it empowered boroughs 
to contract with such townships. The term “municipalities” has 
been stricken from this section and “boroughs and townships” has 
been substituted. This change was made because it was held in 
“St. David’s Chureh v. Sayen,” 244 Pa. 300 and “Demster v. United 
Traction Company,” 205 Pa. 70, that a township of the first class 
was not a municipal corporation. 

Section 23. 

Is a part of Section 2 of the Act of J uly 10, 1901, P. L. 637. 

Section 24. 

Is a part of Section 2 of the Act of J uly 10, 1901, P. L. 637. From 
this part of this section has been omitted “provided by law for the 
payment of costs, damages and expenses of public improvements 
within municipal corporations in this Commonwealth” and a specific 
reference has been made to Chapter 6, Article 2. The general ref- 
erence contained in the original act was undoubtedly to the Act of 
1891, P. L. 75, the provisions of which appear in the chapter and 
article referred to. 

2. By agreement with counties and townships. 

Section 25. Is a section drafted from Section 1 and 2 of the Act 
of May 20, 1913, P. L. 267. This act in its original form gave coun- 
ties and townships power to contract with a borough for the improve- 
ment of a highway, the center line of which constituted the dividing 
line between a borough and a township. It failed, however, to give 
such a power to a borough, the legislature evidently assuming that a 
borough had this power. This section has therefor been drafted in 
such a form that where such a contract is entered into, the alteration 
or improvement and subsequent repairs shall be made under the 
supervision of the borough authorities. 

3. Streets outside limits. 

Section 26. 

Is S@ction 1 of the Act of May 23, 1913, P. L. 336. This act has 
been drafted so as to restrict its provisions to boroughs. 


213 


(f)-MAINTENANCE AND IMPROVEMENT OF CONDEMNED 
AND ABANDONED TURNPIKES. 

Section 27. 

Is a section drafted from Section 1 of the Act of April 25, 1907, 
P. L. 104, amending the Act of April 20, 1905, P. L. 237. This draft 
was made having in mind Section 11 of the Act of June 2, 1887, 
P. L. 306; Section 11 of the Act of April 28, 1899, P. L. 79; and 
Section 2 of the Act of June 4, 1901, P. L. 359. With slight changes 
in the verbiage of the act of 1907, it was found that all the pro- 
visions of the Acts. of 1887, 1899 and 1901 could be included, instead 
therefore of setting out at length the provisions of these four acts, 
this section has been drafted to cover all the provisions therein con- 
tained. It is to be noted that while the act of 1907 was repealed so 
far as inconsistent by the Act of May 10, 1909, P. L. 499, it was 
revived, the Act of 1909 being itself repealed by the Act of 1911, P. 
L. 21. 


(g) MAINTENANCE AND IMPROVEMENT OF STREETS CON- 
NECTING COUNTY ROADS. 

Section 28. 

Is a section drafted from Section 1 of the Act of May 13, 1909, 
P. L. 527. Only a small portion of this Act of 1909 relates to the 
subject of boroughs. Only such provisions as impose a duty upon 
boroughs have been incorporated in this draft, and since these powers 
can be exercised only upon the conditions set forth in the original 
act, it was necessary to draft the section so that a reference would 
be made to the act from which these powers were taken. 

Section 29. 

Is a section drafted from Section 1 of the Act of May 20, 1918, P. 
L. 273, which amends Section 18 of the Act of May 11, 1911, P. L. 
244. This act in its original form relates to the construction of 
highways by counties. Ouly such part as relates to boroughs has 
been incorporated. 

Section 30. 

Is a section drafted from Section 1 of the Act of May 20, 1913, 
P. L. 273, amending Section 18 of the Act of May 11, 1911, P. L. 244. 

Section 31. 

Is a section drafted from Section 1 of the Act of May 20, 19138, 
P. L. 273, amending Section 18 of the Act of May 11, 1911, P. L. 244. 


(h) ASSESSMENTS ON PROPERTY OUTSIDE LIMITS. 


Section 32. 

Is Section 1 of the Act of May 28, 1907, P. L. 287. From this 
act has been omitted the clause “the acts of Assembly for assessment 
of benefits and damages,” and instead a reference has been made to 
chapter 6, article two. This reference is to the Act of 1891, which 
is undoubtedly the act to which this clause had reference. 


214 






i (i) EXPENDITURES FOR PAVING, CURBING, MACADAMIZ.- 
a ING STREETS. 

| PBection 33. 
_ ds a section drafted from Section 1 of the Act of May 8, 1907, P. 
BL. 183. There was some doubt as to just what was meant by the 
_ proviso contained in this section of the Act of 1907, viz., “provided 
that nothing in this act shall prevent the said eiliteidies: from mak- 
ing any of said improvements as provided by existing laws.” It 
_ likely vefers to existing methods of improving streets by assessing 
the costs thereof upen the abutting property owner. This section — 
has therefore been drafted so that the borough in addition to the 
methods provided by this article, may experd one-half of its appro- 
_priation for roads and streets for the improvements of any street 
or alley. 





CHAPTER VI. 





ARTICLE VIII. 





~ COLLECTION BY INSTALMENT OF COST OF GRADING AND 
IMPROVING STREETS. 
Section 1. 
Isa part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- 
ing Section 2 of the Act of June 15, 1911, P. L. 971. What was 
originally Section 2 of this act has in this code been divided into 
three sections. In the draft of this article, Section 1 of the Act of, 
1911, P. L. 971, as amended by this Act of 1913, P. L. 277, has been 
omitted. There seemed to be no good reason why it should be in- 
 corporated in this code, because everything which is contained in this 
- first section is also contained in Section 2. A peculiar thing occurs 
in the amendment of Sections 1 and 2 of this act of 1911. The act 
originally comprehended cases of grading, sewers, paving and im- 
_ proving streets. In amending Section 1 of the Act of 1911, the part 
relating to the paving and improving of streets was omitted from 
' Section 1, but in amending Section 2, this part was retained. It was 
at first thought that the first section of this act conferred the power 
and that therefor this clause relating to paving and improving as 
set forth in the second section would fall, because it had nothing upon 
etich to operate. However as the second section can stand by itself 
and in no way depends upon the first section for any power, this 
f provision relating to paving and improving has been retained. So 
tar as the Acts of 1913 and 1911 relate to sewers and sewer systems, 
_.they have been incorporated under the chapter and article relating 
to the subject of sewers. 


7 215 


i a a 


Section 2. 

Isa part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- 
ing Section 2 of the Act of June 15, 1911, P. L. 971. 

Section 3. 

Is a part of Section 2 cf the Act of May 21, 1913, P. L. 277, amend- 
ing Section 2 of the Act of June 15, 1911, P. L. 971. A slight change © 
has been made in this section at the end thereof. Originally it — 
provided that when the bonds were delivered to the contractor they — 
must be delivered at their par value. There seems to be no reason, 
whatever, why these bonds should be delivered at strictly par value. — 
The borough should be given the right to realize any premium which 
the contractor might be willing to pay for such bonds. This clause 
has therefor been sc drafted that they shall be delivered at not less 
than their par. 

Section 4. 

Is Section 3 of the Act of June 15, 1911, P. L. 971. 

Section 5. 

Is Section 4 of the Act of June 15, 1911, P. L. 971. 

Section 6. 

Is Section 5 of the Act of June 15, 1911, P. L. 971. 

Section 7. 

Is Section 6 of the Act of June 15, 1911, P. L. 971. 

Section 8. | 

Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. What — 
was originally Section 7 of the Act of 1911, has in this code been 
divided into two sections. Recommendation: The practice seems to 
be for the treasurer to keep the registry book. | 

Section 9. 

Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. 








CHAPTER VI. 





ARTICLE IX. 





STREETS AND HIGHWAYS CROSSING BALLRDAD A, 


Section 1. 

Is Section 8 of the Act of June 7, 1901, P. L. 581 From this 
article has been omitted Section 1 of the Act of June 7, 1901, P. L. 
531, because all the provisions therein contained are covered by — 
other sections of the same act. The act in its original form includes . 
all municipalities, and also authorizes railroad companies to cross — 
highways with railroads. So far as this later proposition is con- 
cerned, it has been entirely omitted, not being germane to a borough ; 
code. 


216 







Section 2. 

Is a part of Section 4 of the Act of June 7, 1901, P. L. 531. 
What was originally Section 4, has in this code been divided into 
three sections. .t was thought thereby to obtain clearer reading 


and better arrangement. A slight change has also been made in 


this part of this section. The orginal section provided that the 
petition should be presented to the court of common pleas of the 
“district.” This has been changed to “county.” 
Section 3. 
Is a part of Section 4 of the Act of June 7, 1901, P. L. 531. 
Section 4. . 
Is a part of Section 4 of the Act of June 7, 1901, P. L. 581. 
Section 5. 3 
_is a part of Section 6 of the Act of June 7, 1901, P. L. 531. What 
was orginally Section 6 of this act has in this code been divided 


into four sections. It was thought thereby to obtain clearer reading. 


Section 6. 
Is a part of Section 6 of the Act of June 7, 1901, P. L. 531. 
Section 7. 3 
Is a part of Section 6 of the Act of June 7, 1901, P. L. 531. 
Section 8. 
Is a part of Section 6 of the Act of June 7, 1901, P. L. 581. 

- Section 9. 
Is a part of Section 7 of the Act of June 7, 1901, P. L. 581. 
Section 10. 
Is Section 8 of the Act of June 7, 1901, P. L. 581. 
Section 11. | 3 
Is a part of Section 1 of the Act of April 22, 1905, P. L. 295. 
Section 12. 
Is a part of Section 1 of the Act of April 22, 1905, P. L. 295. 





CHAPTER VI. 





ARTICLE X. 





PLANS AND LOCATION OF STREETS. 


(a) PLANS OF STREETS. 
Section 1. 
Is a part of Section 1 of the Act of July 22, 1913, P. L. 902, amend- 


_ ing Section 12 of the Act of May 16, 1891, P. L. 75. What was 
_ originally Section 1 of this Act of 1913 has in this code been divided 
_ into four sections. 


- 


. 


Section 2. 
Is a part of Section 1 of the Act of July 22, 1913, P. L. 902, 


. amending Section 12 of the Act of May 16, 1891, P. L. 75. 


217 


Section 3. 

Is a part of Section 1 of the Act of July 22, 1913, P. L. 902, 
amending Section 12 of the Act of May 16, 1891, P. L. 75. 

Section 4. 

Is a part of Section 1 of the Act of May 15, 1913, P. L. 212. 

Section 5. 

Is a part of Section 1 of the Act of May 15, 1913, P. L. 212. 

Section 6. 

Is a section drafted from Section 1 of the Act of July 22, 1913, 
P. L. 902, amending Section 12 of the Act of May 16, 1891, P. L. 75; 
and Section 1 of the Act of May 15, 19138, P. L. 212. 





CHAPTER VI. 





ARTICLE XI. 





SIDEWALKS. 


(a) GRADING, ‘PAVING, REPAIRING SIDEWALKS, CURBS 
AND GUTTERS. 

Section 1. 

Is a section drafted to authorize boroughs to lay out sidewalks 
on the streets of a borough. No such power is directly given by any 
act of Assembly but boroughs undoubtedly have such power. In this 
article no procedure has been set forth for the laying out, etc. of 
sidewalks except those along the sides of turnpike roads. It was 
decided in “MeDevitt v. Gas Company,” 160 Pa. 367, that sidewalks 
were a part of the streets of the borough and therefore laid out the 
same as borough streets, and if it becomes necessary to take private 
property therefor, it would be appropriated in the same manner as 
in the case of streets. In this connection it might be well to note 
that clauses 5 and 6 of Section 2 of the Act of April 3, 1851, P. L. 
$20, were not overlooked, but it was felt that the Act of 1905, P. L. 
235, hereinafter set forth, covered every particular of these two 
clauses except that relating to the municipal claim. This latter 
clause is covered by the general law relating to municipal claims. 

Section 2. 

Is a part of Section 1 of the Act of June 5, 1913, P. L. 411, amend- 
ing Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320, as 
amended by the Acts of May 22, 1883, P. L. 89 and May 24, 1901, P. 
L. 299. This section has in this code been divided into three sec- 
tions. ; 3! 

Section 3. 

Is a part of Section 1 of the Act of June 5, 1913, P. L. 411, amend: 
ing Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320 as’ 


“lint asc! an ual mem Sait 


amended by the Acts of May 22, 18838, P. TL. 39, and May 24, 1901, — 


FP, Ti: 299: 
218 


: 





E 
4 
4 
| 


Section 4. 


Is a part of Section 1 of the Act of June 5, 1913, P. L. 411, amend- 


3 ing Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320 as 
~ amended by the Acts of May 22, 1883, P. L. 39 and May 24, 1901, 
_ PB. L. 299; and Section 1 of the Act of April 20, 1905, P. L. 235. 


Section 5. 
Is Section 1 of the Act of June 19, 1901, P. L. 573. Recommenda- 


4 tion: The section should include the cost of paving sidewalks. 


Section 6. 

Is a draft from Section 2 of the Act of April 20, 1905, P. L. 235 
and Section 11 of the Act of May 16, 1891, P. L. 75. 

Section 7.- 

Is Section 1 of the Act of May 24, 1901, P. L. 297. 


(b) LAYING OUT SIDEWALKS, GUTTERS AND DRAINS 
ALONG THE SIDES OF TURNPIKE ROADS. 


Section 8. 

Is apart of Section 1 of the Act of June 5, 1913, P. L. 411, 
amending Section 2, Clause 4 of the Act of April 3, 1851, P. L. 320 
as amended by the Acts of May 22, 1883, P. L. 39, and May 24, 1901, 
P. L. 299. 

Section 9. 

Is a part of Section 1 of the Act of May 2, 1901, P. L. 118, amend- 
ing Section 1 of the Act of April 22, 1856, P. L. 525. This section 
in its original form also applied to the laying out, etc. of streets. 
This has been omitted from this section, having no relation to the 
subject of sewers. The same section of this Act of 1856 was also 
amended by the Act of 1911, P. L. 1086, but that amendment over- 
looked this amendment of 1901. The original act provided for a 
proceeding in the court of quarter sessions and fixed the number of 
viewers at seven. The amendment of 1901 changed the jurisdiction 
to the court of common pleas, fixed the number of viewers at three 
and provided for assessment where sidewalks were laid out along 
the sides of turnpike roads. The only purpose of the Act of 1911 
in amending the Act of 1856 was to change the number of viewers 
to three. It would seem therefor that it had no effect upon the 
part of the amendment of 1901 which related to sidewalks along the 
sides of turnpike roads and placed the jurisdiction in the courts 
of common pleas. (See Mercersburg College v. Mercersburg Borough, 
53 Supt. Ct. 388, in which it was held that two amendments of the 
same section of an act might be in force at the same time so long 
as they were not inconsistent with each other. ) 

Section 10. | 

Is a part of Section 1 of the Act of May 2, 1901, P. L. 118, amend- 


ing Section 1 of the Act of April 22, 1856, P. L. 525. 


Section 11. 
Is Section 2 of the Act of April 22, 1856, P. L. 525. 
219 


ees CHAPTER VI. 





ARTICLE XII. 





SEWERS. 


a) POWER TO LAY OUT AND ASSESSMENT ACCORDING TO 
BENEFITS. 
Section 1. 


Is a section drafted from Section 2, Clause 2 of the Act of April | 


3, 1851, P. L. 320, and Section 1 of the Act of April 28, 1899, P. L. 
100, amending Section 8 of the Act of May 16, 1891, P. L. 75. 

Section 2. 

Is a part of Section 1 of the Act of April 28, 1899, P. L. 100, amend- 
ing Section 8 of the Act of May 16, 1891, P. L, 75. The reference 
to Chapter 6, Article 2 is a reference to the chapter and article 
where the provisions of the Act of 1891 with it amendments and sup- 
plements have been incorporated. Under the Act of 1851, P. L. 320, 
boroughs had power to lay out and ordain sewers, but this power 
did not seem to extend to boroughs the right to take private property 
for such purposes. At least the Act of 1851 and its supplement of 
1856, P. L. 525, seemed to be entirely silent as to any procedure for 
the assessment of damages in such cases. The procedure of the Act 
of May 16, 1891, P. L. 75 was therefor attached to the power con- 
tained in both of the Acts of 1851 and 1891. 


(b) SEWER SYSTEMS AND ASSESSMENTS ACCORDING TO 
FOOT FRONT RULE. 

Section 3. 

Is a part of Section 1 of the Act of April 23, 1907, P. L. 97, amend- 
ing the Act of May 1, 1899, P. L. 220. In “McDonough vy. Washington 
Borough,” 20 Pa. C. C. 345, it was held that the Act of May 16, 1891, 
P. L. 7 as amended by the Act of 1899, P. L. 100, relating to the 
subject of sewers, did not repeal the Act of 1889, P. L. 220. What 
was originally Section 1 of this Act of 1907 has in this code been 
divided into three sections. 

Section 4. 

Is a part of Section 1 of the Act of April 23, 1907, P. L. 97, amend- 
ing the Act of May 1, 1889, P. L. 220. 

Section 5. 

Is a part of Section 1 of the Act of April 23, 1907, P. L. 97, amend- 
ing the Act of May 1, 1889, P. L. 220. 

Section 6. 

Is a part of Section 2 of the Act of May 1, 1889, P. L. 220. This 





Section 2 of the Act of 1889 has in this code been divided into three — 


sections. 
220 


ll i ine 


ES ae eee ee le, a a tae 


leg ih ial ll 





Section 7. 

Is a part of Section 2 of the Act of May 1, 1889, P. L. 220. 

Section 8. 

Is Section 3 of the Act of 1889, P. L. 220. From this section has 


been omitted the material relating to the manner in which the claims 


were to be filed and collected and a general reference has been made 
to the law relating to the collection of municipal claims. At this 
point it may be weil to note that part of Section 4 of the Act of 1889, 
P. L. 220 has been omitted from the code. This section related to 


the connections to be made with such sewers and has been omitted 


because it seems to be supplied by the Act of May 21, 1901, P. L. 
265, which appears as Sections 31 and 32 of this article. 

Section 9. 

Is a part of Section 4 of the Act of May 1, 1889, P. L. 220. 

Section 10. 

Is a part of Section 5 of the Act of May 1, 1889, P. L. 220. This 
Section 5 of the Act of 1889 has in this code been divided into two 
sections. 

Section 11. 

Is a part of Section 5 of the Act of May 1, 1889, P. L. 220. 

Section 12. 

Is Section 6 of the Act of May 1, 1889, P. L. 220. This section 
in its original form provided that damages for the taking of property 
should be assessed “in the same manner as damages for the taking of 
lands for railroad purposes are now ascertained in this Common- 
wealth.” This would have caused such an indefinite reference that 
sufficient justification was found in changing the same to the pro- 
cedure under the Act of 1891 and its amendments and supplements. 
This will carry out the scheme of the code to have as few different 
procedures for the assessment of damages as possible. 


(c) JOINT SEWERS. 

Section 13. 

Is a section drafted from Sections 1 and 2 of the Act of June 15, 
1911, P. L. 966, amending Sections 1 and 2 of the Act of May 1, 1909, 
P. L. 306. 

Section 14. 

Is a section drafted from Section 1 of the Act of June 15, 1911, 
P. L. 966, amending Section 1 of the Act of May 1, 1909, P. L. 306. 

Section 15. 

Is Section 1 of the Act of July 17, 1901, P. L. 668. 

Section 16. 

Is a part of Section 2 of the Act of July 17, 1901, P. L. 668. What 
was originally Section 2 of the Act of 1901 has in this code been 
divided into three sections. It was brought thereby to obtain better 
arrangement. 


221 


Section 17. 

‘Is a part of Section 2 of the Act of July 17, 1901, P. L. 668. 

Section 18. J 

Is a part of Section 2 of the Act of July 17, 1901, P. L. 668. This — 
section has been slightiy changed. In its original form, it provided 
“that the report shall be confirmed within thirty days after the filing 
unless an appeal be taken therefrom which appeal shall be prosecuted — 
aS similar appeals are now by law required to be prosecuted; and 
either party may appeal from the decision of the court of quarter 
sessions to the Superior Court.” The first appeal provided in this 
section was very indefinite, and it was at first thought that it re- 
ferred to an appeal to the court of common pleas for a jury trial. 
However, as the appeal to the higher court is from the decision of 
the court of quarter sessions, this could hardly have been the intent 
of the Legislature and what it likely refers to, is nothing more than 
the filing of exceptions to the report. This is the way in which 
the section has been drafted. 





(d) ACQUISITION OF SEWER SYSTEMS. 


Section 19. 

Is Section 1 of the Act of July 21, 1913, P. L. 865, amending Section 
1 of the Act of April 19, 1901, P. L. 82. 

Section 20. 

Is a section drafted from Section 2 of the Act of April 19, 1901, 
P. L. 82 and Section 2 of the Act of July 21, 1918, P. L. 865, which 
latter act amended the Act of April 19, 1901, P. L. 82 by adding — 
thereto a Section 3. Section 2 of the Act of 1901 provided that the 
damages for the property taken should be assessed in accordance 
with the provisions of the Act of 1891. Section 2 of the Act of 
1913 provided that when the damages had been ascertained in the 
first view, another view should be had under the Act of 1891 for the 
purpose of assessing the costs and expenses upon the property owner 
according to benefits. There seems no necessity why these two views 
should be had. The purpose of the Act of 1891, as has been held 
in numerous cases, was to provide a comprehensive proceeding in 
which all the damages and benefits might be assesed at the same time. 


(e) COLLECTION BY INSTALMENT OF COST OF BUILDING 
AND ACQUIRING SEWERS AND SEWER SYSTEMS. 


Section 21. 

Is a part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- 
ing Section 2 of the Act of June 15, 1911, P. L. 971. What was 
originally Section 2 in this act has in this code been divided into three 
sections. In the draft of this subhead, Section 1 of the Act of 1911, 
P. L. 971 as amended by this Act of 1913, P. L. 277, has been omitted. 
There seemed to be no reason why it should have been incorporated 


222 






; because everything which it contained was also contained in Section 
2 of the same act. So far as this Act of 1911 and its amendmeni of 


4913 relates to grading and improving streets, it has been omitted, 


liaving been incorporated in Chapter 6, Article 8 of this act. 
_ Section 22. 
Isa part of Section 2 of the Act of May 21, 1913, P. L. 277, amend- 


ing Section 2 of the Act oi June 15, 1911, P. L. 971. 


Section 23. ; 
Is a part of Section 2 of the Act of May 21, 1913, P. L. 277, amenad- 


ing Section 2 of the Act of June 15, 1911, P. L. 971. A slight chauge 
_ has been made in this section at the end thereof. Orviginally it pro- 
_ yided that when the bonds were delivered to the contractor, they — 


wall? Ae ee 


must be delivered at their par vaiue. ‘There seems no reason, what- 
ever, why these bounds should be delivered at strictly par. ‘the 
borough shouid be given the right to realize any premium which the 
coutractor might be willing to pay for such bonds. ‘This clause has 
therefor been so diatted that they shall be delivered at not less than 
par. | Been 

Section 24. | ) 

Is Section 3 of the Act of June 15, 1911, P. L. 971. 

Section 25. 


Ts Section 4 of the Act of June 15, 1911, P. L. 971. 


Section 26. 
Is Section 5 of the Act of June 15, 1911, P. L. 971. 

Section 27. 

Is Section 6 of the Act of June 15; 1911, P. L. 971. 

Secticn 28. | 

Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. What 
was originally Section 7 of this Act of 1911 has in this code been 
divided into two sections. 

Section 29. 

Is a part of Section 7 of the Act of June 15, 1911, P. L. 971. 

Section 30. 

Is a part of Section 2 of the Act of May 1, 1889, P. L. 220. 


(f) SEWER CONNECTIONS. 
Section 31. 
Is a part of Section 1 of the Act of May 21, 1901, P. L. 265, and 
part of Section 4 of the Act of May 1, 1889, P. L. 220. 
Section 32. 3 
Is a part of Section 1 of the Act of May 21, 1901, P. L. 265. The 
general clause in this section, viz., “and to collect the cost thereof 


from the owner as other debts ate the borough are collectible,” has 


been changed to “municipal claim or action of assumpsit.” 


15H 223 


- (g) UNLAWFUL TO BUILD WITHIN LINE OF SEWERS. 


Section 33. 
Is Section 27, Clause 5 of the Act of April 3, 1851, P. L. 320. 


(h) TO BE OPENED WITHIN TWO YEARS AFTER ENACT- 
| MENT OF ORDINANCE. 

Section 34. | 
Is Section 1 of the Act of June 1, 1911, P. L. 541. 





CHAPTER VI. 





ARTICLE XIII. 





CONTRACTS WITH STREET RAILWAYS. 


Section 1. 

Is a part of Section 1 of the Act of May 3, 1905, P. L. 379, largely 
redrafted so as to clarify its reading and restrict its provisions to 
boroughs. The act in its original form authorized not only a borough 
to contract with a street railway company, but likewise empowered 
the railway company to contract with the borough. 

Section 2. 

Is a part of Section 1 of the Act of May 3, 1905, P. L, 379. 
~ Section 3. 

Is a part of Section 1 of the Act of May 3, 1905, P. L. 379. 





CHAPTER VI. 





ARTICLE XIV. 





BRIDGES AND VIADUCTS. 


(a) GENERAL POWER. 

Section 1. 

Is a draft from the Act of April 3, 1851, P. L. 320 and Section 1 © 
of the Act of April 28, 1899, P. L. 100, amending Section 8 of the 
Act of May 16, 1891, P. L. 75. While the provisions of the Act | 
of April 3, 1851, provided for the regulation of roads, streets, 


224 








‘lanes and alleys, there was no specific reference in that act relating 


to bridges. However in “Westfield Borough v. Tioga County,” 150 


Pa. 152, it was held that a bridge was part of a highway and that 


he! 


that Act of 1851 empowering boroughs to regulate highways, also 


gave them authority to regulate on the subject of bridges. 


Section 2. 
Is a section drafted from Section 1 of the Act of June 12, 1893, 
P. L. 459, amending Section 1 of the Act of May 16, 1891, P. L. 75. 


This section is inserted in view of the decision referred to in Section 


1 of this article and is intended to cover all cases where a borough 
shall erect a bridge only, without in any way changing or altering 
any street. No act has been found providing a procedure to be fol- 
lowed in such cases. However as bridges are part of the highways, it 
was felt that the same procedure should be followed when bridges are 


built, as in the case of opening and widening streets, etc. 


Section 3. 

Is a section drafted from section 1 of the act of June 12, 1893, P. L. 
459, amending Section 1 of the Act of May 16, 1891, P. L. 75. This sec- 
tion is to be distinguished from Section 2 of this article. It is in- 
tended to cover only cases where bridges are erected as part of a 
highway improvement and the references have been made so that the 
same procedure will be followed with regard to the bridge as is had 
with regard to the street improvement. It might be well to remark 
that Sections 2 and 8 of this article are largely insertions by the 
drafters of this code, the purpose being to clarify and to complete 
the procedure. 


(b) OVER BOUNDARY STREAMS. 

Section 4. | 

Is a draft from Section 34 of the Act of June 13, 1836, P. L. 551. 
This section in its original form is limited to townships, but a draft 
therefrom has been made in view of the decisions in “Pottsville 
Borough v. Norwegian Township,” 14 Pa. 543 and “Goldsboro v. 
Township of Coolbaugh,” 87 Pa. 48 and the text in Trickett’s Penn- 
sylvania borough law, page 209, Section 167. In these authorities 
it was held that the Act of 1836 applies not only in the case of 
townships, but also in case the stream is between two boroughs, a 
borough and a township, or a borough and a city. This section has 


_ been drafted to include all the verbiage, so far as possible, of the Act 


of 1836. 
(c) OVER RAILROADS. 

Section 5. 

Is Section 1 of the Act of May 25, 1907, P. L. 240. This section 
has been redrafted and much useless matter has been omitted. 

Section 6. 

Is Section 2 of the Act of May 25, 1907, P. L. 240. The clause 
“by law in the laying out and opening of streets in said boroughs,” 


225 


i,as been omitted and a reference has been made to Chapter 6, Articha 
4. which is the article dealing, with. the opening, ete. of streets. 

Section 7. 

In Section 3 of the Act of May 20, 1907, P. L. 240. From this” 
section has been omitied “is now or shail hereafter be provided by 
law in the opening of public stieets,’ and a reference has been made 
to Chapter 6, Article 2, which piovides for the assessment of damages 
in such cases. | 

Section 8. 
1s Section 4 of the Act of May 25, 1907, P. L. 240. 

Section 9. 

Is a draft made from Section 5 of the Act of May 25, 1907, PLL 
240. This section presented some difficulty, The act in its “atiginal 
form not only authorized boroughs to contract for bridges over rail- — 
roads and to enter into contracts with counties for such construction, ; 
but also authorized counties to join with boroughs in the construction | 
aud maintenance of such bridge, either singly or jointly, | with the © 
borough. So far as the act bestows new powers on. counties, it has 
been disregax ded. Section 5 here incorporated after giving power : 
to Be AE to contiact for such co! ustruction and maintenance, placed 
1. limitation on the power of the county to maintain bridges which — 
crossed places over which the county was not authorized to build | 
bridges. Had the section stopped there, it would have been free | 
from difficulty as it could have been entirely disregarded, but it~ 
also provided “such bridge shali thereafter be maintained asa 
borough structure by the borough which shall be authorized to con- 
tract with any of the pa:ties interested, except the county, aforesaid 
for the maintenance of the same.” ‘The word “such,” referring to — 
the preceeding provisions of this section, prohibited it from being 
disregarded. The section of the code as drafted instead of denying — 
the power of a county to contract with a berough for the maintenance ~ 
of such a bridge as Section 5 of the original act provides, has been — 
drafted so as to deny the power of a borough to contract with the — 
county for such a purpose. While it would seem that the provisions 7 
of the original act are somewhat changed, the result remains the — 
same. . ; . : i | 
» Section 10. | 

Is,a part of Section 6 of the Act of May 25, 1907, P. L: cist . . 

Section 11, aay 

Is a part of Section 6 of the Act of May 25, 1907, P. L. 240. 7 

Section 12. i ; 

Is a part of Section 8 of the Act of May 25, 1907, P. Leoaermhia™ 
Section.8yhas inthis code been divided into three sections. So far 
as” this section, vested powers in the county commissioners, it has been 
disregarded. 









226 





Section 13. 
| ‘Is a part of Section 8 of the Act of May 25, 1907, P. L. 240. 
Section 14. 
' ds a part of Section 8 of the Act of May 25, 1907, P. L. 240. 
Section 15. 1 #38 





Is Section 9 of the Act of May 25, 1907, P. L. 240. This section 
- of the Act of 1907 through some inadvertence in printing or for some 

_ other reason is unintelligible. The words and phrases are so jumbled 
and disarranged as to be without sense. The section as drafted fol- 
lows the original section as closely as possible and undoubtedly ex- 
_ presses the intention of the Legislature. 
Section 16. 

Is Section 10 of the Act of May 25, 1907, P. L. 240. 


ey 


(d) CONDEMNATION OF TOLL BRIDGES. 


Section 17. 

Is a draft from Section 1 of the Act of March 24, 1909, P. L. 67, 
and Section 1 of the Act of March 24, 1909, P. L. 69. These two acts 
approved on the same day contained practically the same provisions 
and have been carefully examined and wherever there was any dif- 
ference, it has been taken care of, and the provisions set forth in 
this subhead will cover the provisions of both of these acts. 

Section 18. 

Is Section 2 of the Act of March 24, 1909, P. L. 69. 

Section 19. 

Ts a section drafted in order to make a reference to the article 
of this code relating to the proceduie before viewers for the assess- 
ment of damages. Upon examination of the Act of 1909, P. L. 69, 
it was found that the procedure for the condemnation of bridges was 
exactly the same as under the Act of 1891, P. L. 75, which is incor- 
porated in Chapter 6, Article 2 of this Act. The procedure covered 
by Sections 3, 45 and 6 of the Act of 1909 has therefore been omitted 
and simply a reference made to the chapter and article in which 
has been incorporated the Act of 1891. This may make a slight’ 
change in that the Act of 1891 has been amended in some respects 
and the procedure has been largely amplified by supplements. Jus- 
tification for this change lies in the fact that it will eenpiny. the 
number of procedures which this code will contain. | 

Section 20. 

Is Section 7 of the Act of March 24, 1909, P. L. 69. 

Section 21. 

Is a part of Section 8 of the Act of March 24, 1909, P. L. 69. What 
was Section 8 has in this code been divided into two sections for the 
purpose of making a better arrangement. 

Section 22. 
~—-ts a part of Section 8 of the Act of March 24, 1909, P. L. 69. 


227 


Section 23. 


1s a part of Section 9 of the Act of March 24, 1909, P. L. 69. This — 


Section 9 has inthis code been divided into two sections. - 
Section 24. 
Is a part of Section 9 of the Act of March 24, 1909, P. L. 69. 





CHAPTER VI. 





ARTICLE XV. 





ELECTRIC WIRES. 

Section 1. 

Is a part of Section 1 of the Act of June 12, 1913, P. L. 488, amend- 
ing Section 1 of the Act of April 28, 1903, P. L. 335. What was 
criginally Section 1 of this act has in this code been divided into 
four sections. It was thought thereby to obtain clearer reading 
and better arrangement. 

Section 2. 

Is a part of Section 1 of the Act of June 12, 1918, P. L. 488, amend- 
ing Section 1 of the Act of April 28, 1903, P. L. 335. 

Section 3. 

Is a part of Section 1 of the Act of June 12, 1913, P. L. 488, amend- 
ing Section 1 of the Act of April 28, 1903, P. L. 335. A change has 
been made in this section. It originally provided that when a con- 
duit was condemned “the proceedings shall be the same as provided 
by law in the case of the condemnation of land by a railroad com- 
pany.” This reference if retained would have occasioned a search 
of the procedure in such cases whenever a borough had occasion to 
condemn any conduit, and in order to keep these proceedings as near 
uniform as possible in all cases, sufficient justification was felt in 
making the procedure the same as for the condemnation of property 
for public improvements. 

Section 4. 

Is a part of Section 1 of the Act of June 12, 1913, P. L. 488, amend- 
ing Section 1 of the Act of April 28, 1903, P. L. 335 

Section 5. 

Is Section 2 of the Act of April 28, 1903, P. L. 335. 


228 


¥q 


4 
3 


Oh ee 


CHAPTER VI. 





ARTICLE XVI. 








WATER COURSES. 





(a) WIDENING AND DEEPENING WATER COURSES AND 
ERECTING EMBANKMENTS. 

Section 1. 

Is Section 1 of the Act of June 8, 1891, P. L. 210. 

Section 2. 

Is Section 2 of the Act of June 8, 1891, P. L. 210. 

Section 3. 

Is a part of Section 3 of the Act of June 8, 1891, P. L. 210. 

Section 4. 

Is a part of Section 3 of the Act of June 8, 1891, P. L. 210. This sec- 
tion in its original form provided that parties should apply to the 
‘court of quarter sessions, and that the damages should be assessed in 
the same manner as in the case of roads, streets, etc. This reference 
could have been only to the Act of 1856, P. L. 525, which is the only 
procedure in the court of quarter sessions in such cases. As this 
act has been omitted from the code and all such proceedings will be 
under the Act of May 16, 1891, P. L. 75, this section has been changed 
so as to place the jurisdiction in the court of common pleas and the 
procedure the same as provided in the Act of 1891, P. L. 75, and its 
amendments and supplements. _ 


(b) VACATION AND ALTERATION OF COURSE OR CHANNEL 
| OF WATER COURSES. 

Section 5. 

Is a part of Section 1 of the Act of April 28, 1899, P. L. 74. 

Section 6. | 

Is a part of Section 1 of the Act of April 28, 1899, P. L. 74. 

Section 7. : 

Is a part of Section 2 of the Act of April 28, 1899, P. L. 74. Thi 
section has in this code, been divided into two sections, and part 
of the original section has been omitted for the reason stated in 
the exposition of Section 9. 

Section 8. 

Is a part of Section 2 of the Act of April 28, 1899, P. L. 74. 

Section 9. 

Is a section inserted to cover the procedure set forth in part of 
Section 2 and Sections 3, 4, 5, 6 and 7 of the Act of 1899, P. L. 74. 
From this code has been omitted the procedure set forth in these 
sections. Upon examination it was found that this act, so far as 


229 


the proceedings before the viewers were concerned, was drawn over 
the Act of May 16, 1891, P. L. 75. As this whole procedure has 
been set forth in Chapter 6, Article 2, there seems no necessity for 
again repeating it, and therefore the omission has been made and a 
reference in this section made to the chapter and article in which it 
is set forth at length. It is to be noted that this will make a slight 
change because the Act of 1891 has in some respects been amended 
and amplified by supplements, but the improvement which such a 
change will make in the code justifies the same. 

Section 10. 

Is Section 8 of the Act of April 28, 1899, P. L. 74. 

Section 11. 

Is Section 9 of the Act of April 28, 1899, P. L. 74. This section 
in its original form provided that these claims should be “collected 
as now provided by law;” instead thereof the clause “such claims 
shall be filed and collected in the same manner as municipal claims 
are filed and collected” has been inserted. From this section has 
heen omitted other matter relating to the collection of municipal 
claims. This is done because this subject is not to be comprehended 
in this code, being fully covered by the Act of 1901 relating to the 
collection of municipal claims. 

Section 12. 

“Ig Section 10 of the Act of April 28, 1899, P. L. a 


(c) CONFINING AND PAVING WATER COURSES. | 


Section 13. 

Is Section 1 of the Act of J uly 10, 1901, P. L. 634. This Sestiin 
has beén redrafted in order to clarify its reading. 

Section 14. 

Is a part of Section 1 of the Act of July 10, 1901, P. L. 634. This 
section has in this code been divided into two sections, fei ne 
as Sections 13 and 14 of this article. | 

Section 15. 

Is a part of Section 2 of the Act of July 10, 1901, P. L. 6384. This 
section has in this code been divided into two sections, and that 
part of the section relating to the notice which the viewers shall give 
of their first meeting has been omitted, the reason for this omission 
being set forth in the exposition of Section 17 of this article. — 

Section 16. 

Ts part of Section 2 of the Act of Jnly 10, 1901, P. L. 634, 

Section 17. 

Is a section inserted to cover part of Section 2 and Sivttians 3, 4, 
5 and 6 of the Act of July 10, 1901, P. L. 634. Upon examination 
it was found that the procedure set forth in Sections 2, 3, 4, 5 and 6 
of. this Act of 1901 was exactly the same as that set forth in the 
Act of May 16, 1891, P. L. 75. For this reason these sections have 


230 












been omitted and a reference has been made to Chapter 6, Artie 
Hi, where the procedure of the Act of 1891 is.set, forth, ,This may 
; make a slight change in that the Act of 1891 as it appears has been 
in some respects amended and amplified by supplements. Howeyve1 
E the improvement which it will make in this codification. dustifies #1 Sua 
; a change. | 
Section 18.. 

Is Section 7 of the Act of July 10, 1901, hig 634. 

F Section 19. 

Is Section 8 of the Act cf July 10, 1901, P. L. 634, —.. 

4 





CHAPTER VI._. 





ARTICLE XVII. 





_ PUBLIC SERVICE. 
(a) WATER SUPPLY AND WATER WORKS. 


~ Section 1. 

Is Section 1 of the Act of May 3, 1901, P. L. 140. 

Section. 2. 

Is Section 2 of the Act of May 3, 1901, P. L. 140. After “no con- 
‘tract for the supply of water” the word “hereafter” has been inserted. 
This insertion was made to make this section read prospective only, 
and in order to avoid the possibility of affecting contracts which had 
been entered into prior to the passage of this act and thus avoid tho 
question of the constitutionality of this section. {t was held in ‘‘Pot- 
ter Co. Water Company v. Austin Borough,” 206 Pa. 297 that the 
Act of 1901, from which this section was taken, was unconstitutional 
‘so far as it affected existing contracts. As now drafted this question 
cannot be raised against this section. ~ , 

Section 3. 

Isa part of Section 1 of the Act of April if: 1907, P. L. 90, amend- 
ing Section 1 of the Act of May 25, 1887, P. L. 267. This Section 
1 of the Act of 1907 has in this code been divided into two sections. 
Section 4. 

Is a part of Section 1 of the Act of April 15. 1907, P. L. 90, amend- 
ing Section 1 of the Act of May 25, 1887, P. . 267. 

— Section 5. 
Is a part of Section 1 of the Act of June 19, 1911, P. L. 1038, 
_ amending Section 2 of the Act of May. 25, 1887, P. L. 267. 


‘231 


‘<a s 


Section 6. | 
Is a part of Section 1 of the Act of June 19, 1911, P. L. 1033, 
amending Section 2 of the Act of May 25, 1887, P. L. 267. 

Section 7. 

Is a section drafted from Section 1 of the Act of May 31, 1907, P. 
L. 355. This draft does not change the law as it stood in the original — 
section, but has been redrafted in order to shorten the same and to 
clarify its reading. 

Section 8. 

Is Section 2 of the Act of May 31, 1907, P. L. 355. 

Section 9. < 

Is a part of Section 3 of the Act of May 31, 1907, P. L. 355. This — 
Section 3 has in this code been divided into two sections in order 
to make a better arrangement and to simplify its reading. 

Section 10. 

Is a part of Section 3 of the Act of May 31, 1907, P. L. 355. 

Section 11. 

Is Section 4 of the Act of May 31, 1907, P. L. 355. 

Section 12. 

Is part of Section 1 of the Act of April 22, 1909, P. L. 185, amend- 
ing Section 5 of the Act of May 31, 1907, P. L. 355. This section 
1 has in this codification been divided into two sections. 

Section 13. 

Is a part of Section 1 of the Act of April 22, 1909, P. L. 135, amend- 
ing Section 5 of the Act of May 31, 1907, P. re 355. 

Section 14. 

Is a part of Section 2 of the Act of April 22, 1909, P. L. 135, 
amending Section 6 of the Act of May 31, 1907, P. L. 355. This 
Section 2 has in this code been divided into two sections. 

Section 15. 

Is a part of Section 2 of the Act of April 22, 1909, P. L. 135, 
amending Section 6 of the Act of May 31, 1907, P. L. 355. 

Section 16. 

Is a section drafted from Section 7 of the Act of May 31, 1907, P. L. 
355. After “and a borough,” there has been inserted “dated prior 
to May 31, 1907.” This insertion was necessary in order that the 
provisions of the Act of 1907, from which this section was taken 
would not be changed. Only those contracts entered into prior to 
the passage of the Act of 1907 were recognized by that act. Had 
this provision not been inserted, it would have included those con- 
tracts entered into between the date of the passage of the Act of 
1907 and the date of the passage of this code. 

Section 17. ; 

Is a draft from Section 1 of the Act of June 1, 1911, P. L. 541. This © 
section has been drafted so as to restrict its provisions to purely 
borough law. 








232 





‘Section 18. 

| Is Section 2 of the Act of June 1, 1911, P. L. 541, so drafted as to 
_ iestrict its provisions to boroughs. 

Section 19. , 

Is a section drafted from sections 1 and 2 of the Act of June 
24, 1885, P. L. 163. There was some hesitancy in including this act 
in this code. The general borough law does not provide for any 
_ election to determine the expediency of erecting water-works. The 
__ act was likely passed to cover some case arising under local legisla- 
' tion, but since its terms are general, it has been included. 

Section 20. 

Is a section drafted from Section 1 of the Act of May 24, 1878, 
P. L. 118. 

Section 21. 

Is Section 1 of the Act of May 2, 1901, P. L. 137. 

Section 22. 

Is Section 1 of the Act of June 10, 1885, P. L. 81. 

Section 23. 

Is a part of Section 1 of the Act of May 7, 1907, P. L. 167. This 
section has in this code been divided into two sections. 

Section 24. 

Is part of Section 1 of the Act of May 7, 1907, P. L. 167. 

Section 25. 

Is a part of Section 2 of the Act of May 7, 1907, P. L. 167. This 
Section 2 has in this codification been divided into two sections. 

Section 26. 

Is a part of Section 2 of the Act of May 7, 1907, P. L. 167. 

Section 27. 

Is Section 3 of the Act of May 7, 1907, P. L. 167. From this.section 
has been omitted “regard to the taking of lands, waters, materials, 
property and franchises, for public purposes as now provided by 
law.” This was a reference to the procedure to be followed for the 
assessment of damages when property was condemned by the borough. 
Instead of that a reference has been made to Chapter 6, Article 2, 
in which has been incorporated the provisions of the Act of 1891, P: 
L. 75 and its amendments and supplements, which is undoubtedly 
the act to which this clause had reference. This section in its original 
form provided for the assessment of damages in changing the location 
of any turnpike or public road occasioned under this Act of 1907, 
but was silent as to how damages should be assessed when land 
was appropriated to prevent the contamination of water. Since both 
of these propositions were contemplated by this Act of 1907, the 
addition, viz., “and in condemning land to preserve water from con- 
tamination” has been made. 





233 






-Section 28. , 
rae ty Section. 1 of the Act of June 5, 1918, . P. L, 445, This Act of 
1913 also included incorporated townships, which, of course, has 
been omitted in this code. WF noises 
Section 29. : 
Is Section 2 of ‘the Act. of June 5, 1913, P, ae ‘Mp. 5 nies A A 
“Section 30. ‘Sats % 
Isa part of Section 8 of ‘the ‘Act of June 5 Bi 1913, P, T 45, “This 
Section 3’has in this code been diy idéd- into, three ‘sections. It was | 
‘thought thereby to ‘obtain better arrangement. 
Section 31. 
Is a part of Section 3 of the Act of June 5, 1913, P. L. 445, 
Section 32. 
Is a part of Section 3 of the Act of June 5, 1913, P. L. 445, 
Section 33. ; 
Is Section 4 of the Act of June 5 d, 1913, Poke 445, 
Section 34. a See i 86 ah soe 
Is Section 5 of the Act of June ae P. L. 445. 
ppecaae « 3d. | 


¥rige- Fou 
POEs IGA 4 


At 


Section 36. 

Is Section 7 of the Act of June 5, 1913, P. L445, 

Section 37. 

Is a part of Section 8 of the Act of June 5, 1918, P. “a 445, 

Section 38. _ 

Is a part of Section 8 of the Act of a une 5, 1913, Suk A 445. 

Section 39. 

Is Section 9 of the Act of June D, 1913, Pp. L, 445. 

Section 40. tat 

Is Section 10 of the Act of June 5, 1913, Pp. L. 445, This section 
has been redrafted so as to include only that part which confers any 
power upon boroughs. The original section also confers powers upon 
townships, 


(b) “MANUFACTURE AND SUPPLY OF BLUSE RICLR, 


Section 41. , 

Is part, of Section 1 of the Act of ff May 20, 1891, P. L. 90. ame 
Section 1 has in this code been divided into ten ac eteee 

Section 42. 

Is a part of Section 1 of the Act of May 20, 1891, Pp, HE: 90. 

Section 43. is i 

Is a.redraft of part of Seetiin 1 of the Act of May 20, 1391, PT 
90. .This part of this section has ‘been redrafted in order to simplify 
its reading. 


234 












"Section 44., 

: Is a part of Section 1 of the Act of 1 May 20, 1891, P. L. 90, as sat. 

fected by the Act of June 13, i911, P. UL. 1123. This act originally — 

provided for the appointment of seven freeholders as viewers. This . 

has been changed to three in view of the Act of 1911, cited above. 

Section 45. 2 

_ Is a part of Section 1 of the Act of May 20, 1891, P. L. 90, Fol- ‘ 

lowing this part of Section 1 of the Act of 1891 has been omitted the. 

sentence fixing the pay of viewers at two dollars ($2.00) per day. 

It seems that these viewers would now be appointed from the county, | 

board and their pay be fixed in accordance with the act of 1911, Piss 

L. 1123. 7 | 

Section 46. 

Is a part of Section 1 of the Act of May 20, 1891, P. L. 90. : 

Section 47. 

_ Isa part of Section 1 of the Act of May 20, 1891, P. L. 90. This 
section provided originally for an appeal to the supreme court. . This. 

: has been changed to superior or supreme court in view of the act. 
establishing the superior eourt and regulating appeals thereto. 

; Section 48. 

_ Isa part of Section 1 of the Act of May 20, 1891, P. L. 90. 

F Section 49. 

Ts a part of Section a of the Act ‘of May 20, 1891, P. gi 90. 

Section peas 

Is Section 2 of the Act of May 20, 1891, P. L. 90. 


Ant) OF © 





CHAPTER VI. 





_. ARTICLE XVIIL. 


} 





|... .., PUBLIC BUILDINGS AND WORKS. 
) Section. i 

‘g Is a section. drafted from Section 1 of the Avs of June 1, 1907, P. L. 
365 and. Section 1.of the Act of April:15, 1913, P. L. 66, amending 
the Act. of 1911, Pp. L. 168, which in turn cues the Act of June. 
10, 1901, P, L. 55D. The Legislature in passing the amendment of | 
“191. overlooked 1 the. amendment .of: June. 1, 1907, P. L. 365. The 
amen ent, of, April 15, 1913,.P...L,.66, ‘amending. the Act of 1911, P.. 
aL. 168. also overlooked the amendment of 1907. There were there- 
tore two amendments of this Act of 1901 in force, viz., the amend- 






> 
vil tee Ke 
235 


ment of 1907 and the amendment of 1913, and in view of the ruling 
in-“Mercersburg College v. Mercersburg Borough,” 53 Supt. Ct. 388, 


both of these amendments have been here used so far as they are not © 


inconsistent with each other. Part of these sections so far as they 
relate to a reference to the assessment of damages has been omitted. 
This procedure is specifically provided for later in this article and 
there was no necessity for incoporating this clause in this section. 
The original Act of 1901 and all of its amendments used the term 
“heretofore” in speaking of lands granted and dedicated to public 
use. This would seem to limit the operation of these acts to all 
property granted or dedicated prior to the passage of the Act of 
1901. The term “heretofore” has therefore been omitted and “June 
40, 1901” has been inserted. 

Section 2, 

Is a draft from Section 1 of the Act of June 1, 1907, P. L. 365, 
and Section 1 of the Act of April 15, 1913, P. L. 66, amending the 
-Act of 1911, P. L. 168, which in turn amends the Act of June 1901, 
P. L. 555. 

Section 3. 

Is a part of Section 2 of the Act of June 10, 1901, P. L. 555. 

Section 4. 

_ Is Section 2 of the Act of June 10, 1901, P. L. 555. The later 
part of this section has been redrafted. In its original form it was 
without sense. This section was largely adopted from the Act of 
May 16, 1891, P. L. 75, in which the same error occurred. 

Section 5. 

Is a part of Section 3 of the Act of June 10, 1901, P. L. 555. This 
section has in this code been divided into three sections. 

Section 6. 

Is a part of Section 3 of the act of June 10, 1901, P. L. 555. 

Section 7. 

Is a part of Section 3 of the act of June 10, 19601, P. L. 555. 

Section 8. 

Is a part of Section 4 of the Act of June 10, 1901, P. L. 555. The 
remaining part of this section has been omitted. (For reasons see 
exposition on Section 9 of this article.) ; 

Section 9. 

Is a section drafted to cover the provisions of section 4 and sections 
5 and 6 of the Act of June 10, 1901, P. L. 555. Upon examination 
it was found that the procedure in this Act of 1901 was drawn over 
the provisions of the Act of May 16, 1891, P. L. 75. As this pro- 
cedure is covered by Chapter 6, Article 2, of this code, the procedure 
has here been omitted and a reference has been made to the chapter 
and article in which the Act of 1891 has been incorporated. This 


; 


- 


makes somewhat of a change in the law in that the Act of 1891 is — 


236 


ree ne ee 






more complete and has been largely amplified by supplements, but 
in view of the fact that it tends to keep all eminent domain pro- 
ceedings uniform, it would seem to justify such a change. 


Section 10. 


Isa section drafted from Sections 7 and 8 of the Act of June 10, 


1901, P. L. 555. From Section 7 of this act has been omitted the 
clause fixing the compensation of viewers at five dollars ($5.00) per 
day. These viewers are now appointed under the Act of 1911, estab- 
lishing a county board of viewers and their compensation is regulated 


by that act. 


Section 11. 

Is Section 1 of the Act of May 1, 19138, P. L. 155. 
Section 12. 

Is Section 1 of the Act of July 2, 1895, P. L. 426. 
Section 13. 

Is a part of Section 1 of the Act of April 1, 1909, P. L. 79. This 


e 


' Section 1 has in this codification been divided into three sections for 


the purpose of clearer reading and better arrangement. 

Section 14. 

Is Section 8 of the pot of April 1, 1909, P. L. 79. 

Section 15. 

Is part of Section 1 of the Act of April 1, 1909, P. L. 79. 

Section 16. 

Is a part of Section 1 of the Act of April 1, 1909, P. L. 79. 

Section 17. 

Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. What 
was originally Section 2 of this Act of 1909 has in this code been 
divided into four sections. It was thought thereby to obtain clearer 
reading and better arrangement. 

Section 18. 

Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. 

Section 19. 

Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. 

Section 20. 

Is a part of Section 2 of the Act of April 1, 1909, P. L. 79. 

Section 21. 

Is a part of Section 3 of the Act of April 1, 1909, P. L. 79. This 
Section 3 has in this code been divided into two sections. 

Section 22. 

Is a part of Section 3 of the Act of April 1, 1909, P. L. 79. 

Section 23. 

Is a section drafted to cover the provisions of sections 4, 5 and 6 


of the Act of April 1, 1909, P. L. 79. Upon examination it was found 


that the procedure set forth in these sections was taken from the 
Act of May 16, 1891, P. L. 75. As this procedure has been set forth 


_ in Chapter 6, Article 2, of this act, there seemed no necessity for 


237 


- 
“= 










repeating: it, and a reference has been made thereto instead. This, 
may make some change in the law in that the Act of 1891 is much 
more complete and has been enlarged by supplements; but in view 
of the fact that this will keep down the number of procedures in~ 
this code and- will Hee tend to wipe ict Ve this change has nee 
made. ae ee 
Section 24. 
- In Section 7 of the Act of April 1, 1909, P. L. 79. In this article 
dealing with the subject of public peinimed and works, Sections 1 
and 2 of the Act of March 27, 1903, P. L. 83 have been excluded. 
Provisions of this act in general provided that whenever-a report ‘of 4 
viewers, appointed to assess damages and benefits for the construction 
or enlargement of public works, had been filed in the court of quarter | 
sessions, such report should be confirmed, if no exceptions were 
filed within the specified time, and also provide a method whereby 
execution might be had upon such report. An examination of the 
statutory law failed to disclose any act which authorized the court 
of quarter sessions to appoint viewers for such a purpose, so fax at 
least as affects boroughs. This act, therefore nae nothing: upon 
which to operate has been excluded. 





CHAPTER VI. 





ARTICLE XIX. 





a) SAE te AND DOCKS. 
Section 1. | 
Is part of Section 1 of the Act of April 17, 1889, P. L. 34. What 

was originally Section ‘1 of this Act of 1889 has, in this code, been 

divided into two sections for the purpose of better ATER BODE 

Section 2. 

_Is Section 1 of the Act of June 21, 1911, P. L. 1099. 

‘Section 3... * 

Is a part of Section 2 of the “fhe Act of June 21, i9it, P. L. 1099. 
A greater part of this section has been omitted. The part « omitted 
relates to condemnation in particular cases, and is covered by, § Sec- 
tion 2 of this article, There is therefore no necessity. for - incorporat- 
ing this part of this section. 

‘Section 5 : 

“Is'a part of Section 3 of the Act of June 21, 1911, Pp. os 1099, | 

What was originally Section 3 of this Act of.1911. has, in this. eode; 

beén ‘divided into five sections, for the purpose of better arrangement — 

and clearer reading. 


4 zs 
4 Re ped & "Ga 


“ed Bae 


238 : : 





Section 5. ip re e 

Is a part of Section 3 of the Act of June 21, 1911, ‘Po. 1099. 

Section 6. 

Is a part of Section 3 of the Act of June 21, 1911, P. L. 1099. 

Section 7. 

Is a part of Section 3 of the Act of June 21, 1911, P. L. 1099. 

Section 8. 

Is a part of Section 3 of the Act of June 21, 1911, P. L. 1099. 

Section 9. 

Is a part of Section 4 of the Act of June 21,1911, P. L. 1099. What 
was originally Section 4 of this Act of 1911 has, in this code, been 
divided into three sections for the eg oe of better arrangement. 

Section 10. 

Is a part of Section 4 of the Act of June 21, 1911, P. L. 1099. 

Section 11. 

Is a part of Section 4 of the Act of June 21, 1911, P. L. 1099. 

Section 12. 

Is a section drafted to cover the provisions of Sections 5, 6 and 7, 
of the Act of June 21, 1911, P. L. 1099. | Upon. the examination it 
was. found that the inoedure set forth in these sections closely 
resemble the procedure provided by the Act of May 16, 1891, 
PL: 75, which has been incorporated in Chapter 6, Article 2 of this 
code. The purpose throughout this whole chapter, dealing with the 
special powers of boroughs, has been to establish a uniform procedure 
for the assessment of damages and benefits i in all cases where property 
was taken, injured or destroyed. There seems to be no necessity why 
each particular improvement shall have’ a procedure of its own 
kind. The purpose of the Act of 1891 at the time of its passage was 
undoubtedly to provide a uniform procedure. which might be followed 
by municipal corporations in all cases of public improvement. The 
Act of 1891 has been variously amended and enlarged by supplements 
so that the whole procedure in such case.is minutely set forth. This 
procedure has here been adopted instead of the one set forth in 
Sections 5, 6:and 7 of this Act of 1911, and the improvement which 
this change will make in the code fully justities the same. 

- Section 18. 

_ Is. Section 1 of the Act of q une 20, TAS) P. L. 548. 

, Section 14. | 

Isa part of Section 1 of the Act of. Aconil 17, 1889, P. L, 34. “This 
part of this section has been separated from the material appearing 
in Section 1 of this article for the purpose*of making a’ better ar- 
rangement. The clause “and provided further. that: this act shall 
not in any way abridge or interfere in any manner with ‘the powers 
now vested by: law-in wardens for. the .port of- Philadelphia, or the 
| Larbor. master of said port;” has been, omitted. from this ‘OER CRE OD: 
if seems to serve no purpose. 


16H 239 


Section 15. 
Is Section 1 of the Act of July 24, 1918, P. L. 1017 
Section 16. 
Is Section 2 of the Act of July 24, 1913, P. L. 1017. 





CHAPTER VI. 





ARTICLE XX, 





LICENSES AND LICENSE FEES. 


(a) AUCTIONEERS. 

Section 1. | 

Is a part of Section 1 of the Act of May 7, 1887, P. L. 93. What 
was originally Section 1 of this Act of 1887 has, in this code, been 
divided into two sections for the purpose of better arrangement and 
the elimination of Provisos., 

Section 2. 

Is a part of Section 1 of the Act of May 7, 1887, P. L. 93. 


(b) FOREIGN DEALERS. 
Section 3. 
Is Section 1 of the Act of May 24, 1887, P. L. 185. This section 
has been so redrafted as to restrict it to boroughs. — 


(c) TRANSIENT MERCHANTS. 

Section 4. 

Is a part of Section 1 of the Act of May 20, 19138, P. L. 227, and 
Section 1 of the Act of May 2, 1899, P. L. 159. It will be noted taat 
two acts have been cited as composing this section. Both acts are 
complete in themeslves, the subsequent one containing no reference 
to the former. All the provisions of the Act of 1899 so far as they 
relate to the subject of boroughs are covered by the Act of 1913. 
The verbiage of the Act of 1913 has been followed as it is the last 
word on the subject. Both of these acts will be repealed so far as 
they relate to boroughs. 

Section 5. 

Is a part of Section 1 of the Act of May 20, 1913, P. L. 237, 
and Section 1 of the Act of May 2, 1899, P. L. 159, see the exposition 
on Section 4. 


240 


Section 6. 

Is Section 2 of the Act of May 20, 1913, P. L. 227, and Section 1 
of the Act of May 2, 1899, P. L. 159. Much matter has been omitted 
from this section because it related to municipalities other than 
boroughs. See exposition on Section 4 of this article. 

Section 7. 

Is Section 3 of the Act of May 20, 1918, P. L. 227, and Section 1 
of the Act of May 2, 1899, P. L. 159. See exposition on Section 4 
ef this Article. 

(d) VEHICLES. 

Section 8. : 

Is a section drafted from Section 1 of the Act of June 5, 1913, P. L. 
434, and Section 1 of the Act of April 22, 1889, P. L. 39. Both of 
these acts cover the same subject, and upon examination there seems 
to haye been no necessity whatever for the passage of the Act of 1933. 
Section 2 of both of these acts has been omitted, because it is simply 
declaratory of what will be said in a later chapter. From Section 
1 of this Act of 1913 has been omitted the enumeration of “hacks, 
carriages, omnibuses, motor-vehicles and other vehicles,” and the 
word “vehicles” has been substituted. This one word seems to ex- 
press everything which was contained in this enumeration. 


(e) RESTRICTIONS, 

Section 9. . 

Is Section 1 of the Act of April 22, 19038, P. L. 258. This section 
has been drafted so as to restrict it to boroughs. 

Section 10. 

Is Section 1 of the Act of May 17, 1883, P. L. 31. This .section 
has been drafted so as to restrict it to boroughs, and to omit much 
useless matter. 





CHAPTER VII. 





GOVERNMENT. 





ARTICLE I. 





COUNCIL. 
Section 1. 3 
Is a draft comprehending the provisions of Section 1, Act of June 
9, 1911, P. L. 857, Section 2, Act of June 19, 1911, P. L. 1047, and that 
part of Section 1, Act of April 18, 1905, P. L. 215, amending Section 


241 


2, Act of May 23, 1893, P. L. 113, relating to the president and the 
secretary of the council. A clause has also been inserted to prohibit 
councilmen from receiving any salary. This is taken from Section 4 
of-the Act of April 8, 1851, P. L. 320. Recommendation: This time 
should be changed to an evening hour to suit the convenience of the 
members of council. 

Section 2. | 

Is Section’'3, Clause 2, Act of April 3, 1851, P. L. 320. 

Section 3. 

Is part of Section 1, Act cf April 18, 1905, P. L. 215, amending 
Section 2, Act of May 23, 1893, P. L. 118. Recommendation: The fol- 
lowing clause should be added, “or unless the vote of the entire num- 
ber of councilmen fails to record a majority for any candidate. 

Section 4. 

‘Is Section 1, Act of March 27, 1897, P. L. 8, so changed that persons 
appointed by “ee court to fill a vacancy occasioned in the manner 
prescribed by this section shall hold their office until the expiration 
of the term instead of “until the next borough election.” The change 
was made in view of tke--fact that the Legislature by the Act of 
June 19, 1911, P. L. 1047, as amended vy the Act of May 20, 1913, 
P. L. 268, provided that one-half of the number of councilmen or 
as near one-half as possible should be elected at each regular munici- 
pal election. If the clause contained in this Act of 1897 were retained 
in the code then this system might be destroyed. In order to pre- 
vent this from happening and to insure the intention of the Legis- 
lature as expressed in this Act of 1911, the change above stated 
was made. 

Section 5.° | } ers 

Is part of Section 2, Act of May 22, 1883, P. L. 39, amending Sec- 
tion 27, Clause 3, Act of April 3, 1851, P. L. 320. In its original 
ferm the Section related only to the power to lay out, widen, 
straighten roads, etc., contained in the act of 1851. As incorporated 
in the code, it will operate upon such acts authorized by the 
provisions of any acts of Assembly incorporated in the code, 
whether of 1851 or of subsequent.acts.. As it would be unreasonable 
to say that this provision should allow a person to complain to the 
court of quarter sessions from an injury due to a street widened, 
under the Act of 1851, and to deny-such a right to a person aggrieved 
by a street widened under the Act of 1891, This in conjunction with 
the fact that it would be impossible to so word a section as would 
limit the provisions upon street-improvements, etc., under the pro- 
visions contained in the Act of 1851, the section has been drafted 
so as to include street improvements made as above stated under 
any act of Assembly as incorporated in the code. - We ge ae 

Section 6, Clauses I and Il. - "ei ie ‘3 

Is Section 3, Paragraph 1, and Clauses 1 and 2 of the. Act, t of Apa 4 
3, 1851; P.L. 320. 


~~ 


942 ~ 


Clause III. 7 
Is a draft comprehending a part of Section 8, Act of pth 1, 1834, 


BP, L. 163, Section 2, Clause 1, and part of Section 2, Clause 22, of 
the Act of April 3, 1851, P. L. 320. 


Clause LV. 

_ Is Section 3, Clause 4, Act of April 3; 1851, P. L. 320.. 

Clause "8 

Is Section 3, Clause 6, Act of April 3, 1851, P. L. 320, 

Clause VI. 

Is Section 3, Clause 7, Act of April 3, 1851, P. L. 320. 

Clause VII. 

Is a draft made from Section 3, Clause 5, Act of April 3, 1851, P. L. 
320, so much of Section 8 of the Act of April 1, 1834, P. L. 163, as 
authorizes the appointment of street commissioners and so much 
of the Act of June 5, 1913, P. L. 409, as authorizes the council to— 


‘appoint a solicitor. Section 8, of the Act of 1834, P. L. 163, provided 
that the council shall have power to appoint two persons as street 


commissioners, and the fifteenth section of the same act speaks of 
the compensation of the street commissioner. It seems, therefore, 
under this act the council would have discretion to appoint either 


one or two commissioners as may be necessary. This is the view 
_taken in Tricketts Borough Law, see Section 81.. So much of Clause 


10, Section 8, of the Act of 1851, as relates to the collector of taxes 
has been omitted as this subject is comprehended in the taxation 
code. Recommendation: The number of street commissioners should 


be definitely fixed. 


Clause VIII. 

Is Section 15, Act of April 1, 1834, P. L. 163. 

Clause IX. 

Is part of Clause 10, Section 38, Act of April 3, 1851, P.. L. 320. 
Recommendation: The following words should be added “and of 
such other officers and employes as it may designate.” 

Clause X. 

Is part of Section 3, Clause 10, Act of April 3, 1851, P. L. 320. 
What was contained in Section 3, Clause 10, of the Act of 1851, 
has here been divided into two clauses as the section in its original 
form dealt with two separate subjects. 

Clause XI. 

Is part of Section 9, Act of April 1, 1834, P. L. 163. Much of ie 
verbiage of this part of Section 9 has heen omitted as it is pelgiense 

Section 7. 

Is part of Section 3, Act of May 23, 1893, P. L. 113. The sboibienn 
in its original form did not affirmatively require the vote of the 
councilmen upon any reconsidered ordinance vetoed by the burgess, 
to be recorded. It provided the names should be entered upon the 
minutes and that the vote should be taken by yeas and nays but was 
silent as to the entry of how any councilmen voted. This was doubt- 


243 


"4 


less through an oversight as it has been invariably the practice to 
- enter not only the names of the members voting but how they voted. 

In the section redrafted the votes of the members as well as their 
names has been provided for. So much of the section as provides 
for the abolition of the office of assistant burgess has been omitted, 
as there is no necessity for incorporating it in this code, and thereby 
abolishing the office a second time. Section 7, of the Act of June 
6, 1893, P. L. 335, which provides for the approval of the burgess to 
ordinances passed by the council of boroughs formed by the conso- 
lidation of two or more boroughs, and the manner in which any 
ordinance vetoed by the burgess may be passed over his disapproval, 
has been omitted from the code. The manner in which such ordinance 
may be reconsidered and passed was in a few respects different from 
the method set forth in Section 7 of this article. There seems to 
be no good reason why a different method for doing the same thing 
should obtain in boroughs formed by the consolidation of two or 
more broughs. It has, therefore, been omitted and such boroughs 
will operate under Section 7 of this article the same as any other 
borough. 

Section 8. 

Is part of Section 3, Act of May 23, 1893, P. L. 113, it being thought 
that better reading would be obtained by dividing the provisions 
of Section 3 into two sections in the code. 

Section 9. 

Is part of Section 2, Act of May 22, 1883, P. L. 39, amending 
Section 27, Clause 2, Act of April 3, 1851, P. L. 320. This provision 
as it originally stood in the Act of 1851, and its amendment of 1883, 
provided an appeal to the court of quarter sessions from any ordi- 
nance or act done pursuant to the Act of 1851, and its amendments. 
As incorporated in this code, it will authorize a complaint to the 
court of quarter sessions from any ordinance passed or act done 
pursuant to any provisions of the code. In other words as incor- 
porated in the code, the provisions are broader than they were in 
their original form. This is not due to an oversight but to a con- 
viction that it was the intention of the Legislature to provide a 
means whereby a person could complain to the court of any act done 
by the borough or purported to be done, and thus question the au- 
thority of the borough council. If this be true, the provision should 
apply to things done by a borough council other than under the pro- 
visions of the Act of 1851. Moreover, it would be impossible to 
retain this act in the code, and make it apply only to those provisions 
which were comprehended under the Act of 1851, as their provisions 
have been scattered throughout the act, and a reference to each place 
where they appear would be to set forth an endless list of references 
and greatly confuse a reader. The position that the section should 
be construed as applying to every act or ordinance of a borough 
council or whether for purposes authorized by the Act of 1851, 


244 


Fen Ome NN, 


or by acts distinct therefrom, is substantiated by the ruling 


in “Millvale Borough” (No. 2) 14 Pa. C. C. 82, where it was held 


that the power conterred upon the courts of quarter sessions to cun- 
trol the action of the borough authorities was intended to avoid 
the slow process of suits in equity. | 

Section 10. 

Is Section 1, Act of June 21, 1911, P. L. 1113. 

Section 11. 

Is Section 2, Act of June 21, 1911, P. L. 1113. 

Section 12. 

Is Section 3, Act of June 21, 1911, P. L. 1118. 

Section 13. 

Is Section 4, Act of June 21, 1911, P. L. 1113. 

Section 14. 

Is Section 10, Act of June 6, 1893, P. L. 385. As drafted in this 


code two changes have been made: 


First. Instead of electing annually, after their appointment the 
high constable and auditors as provided in the original section, these 
officers will now be required to be elected at the time when such of- 
ficers are regularly chosen. That is at the biennial municipal elec- 
tion. This change was occasioned by the constitutional amendments 
of 1909, and the Act of March 2, 1911, P. L. 8, which abolished the 
annual municipal elections. The original provisions of this section 
required the council of the consolidated borough to designate by 
ballot which of the treasurers should perform :the duties of that 
office in the new borough, and provided that annually thereafter the 
qualified electors should elect one person as a borough treasurer. In 
view of the fact that in all boroughs other than in the ones mentioned 
in this instance that is consolidated, borough treasurers are ap- 
pointed by council and not elected, and in view of the fact that no 
good reason can justify this difference in the case of consolidated 
boroughs, so much of the section which authorizes the election of the 
borough treasurer has been omitted and a provision authorizing 
his appointment by the council has been substituted. 

Section 15. 

Is Section 1, Act of March 19, 1903, P. L. 31. This section has 
been redrafted, omitting the surplus phrases, and that part of the 
section which authorizes the court upon the refusal of a witness 
to comply with its order for the giving of testimony or the production 
of evidence, to punish such person for contempt. A court always 
has power to punish for the refusal to obey any order which it is 
authorized to make, and it was therefore thought to retain this pro- 
vision in the code would be to repeat the law without good reason 
therefor. 

Section 16. 

Is Section 1, Act of March 19, 1903, P. L. 31 


245 


Grads oF Enea RrT ER Vib 





ARTICLE LIL. 





BURGESS. 

Section 1. | 

Is a draft from Section 1, Act of May 23, 1893, P. i; 113, ‘aud 
Section 1, Act of Aprii 18, 1905, P. L. 215. From the Act of 1905, 
has been ‘omitted the matter relating to the duty of the burgess to 
attend the organization meeting of council, and the time when. the 
president elect shall assume the duties of his office, as this has been 
incorporated in the preceding article. 

. Section 2, | 

~Is'a draft from Section 1, Act of May 15, 1874, P. L, 186. 

Section 3. | f 

Is a draft from Section 2, Act of May 15, 1874, P. L. 186. 

Section 4. _ 

“Isa draft from Section 3, Act of May 15, 1874, P. L. 186. 

Section 5. 

Is a draft from Section 7, Act of April 1, 1834, P. dy 163, and com- 
prehends only so much of the section as eclns to the oath that is 
‘required of this officer. 

Section 6. 

Is a. draft Fe Sections 1.and 38, Act of April 23, 1909, P. e 154, 
The act in its original form was made to apply specifically to 
boroughs “whether incorporated under general or special law.” This 
phrase has not been incorporated, as the Act of 1909 has already 
repealed all special laws inconsistent and no repeal of the Act of 1909 
could be construed as a revival thereof. _ | 

Section 7. s 
Is Section 2, Act of April 23, 1909, P, L. 154. In this connection 
it may be walt oy note that een 1, of the Act of June 24, 1895, 
P. L. 255, and the Act of April 15, 1907, P. L. 61, amending the Act 
of April 7, 1905, P. L. 116, were not overlooked, but as the pro- 
visions of the Act of 1909, cited in Sections 6 and 7, of this article 
cover all the matter contained in these two acts, they have been 
omitted. 

Section 8. 

Is part of Section 3, Act of April 23, 1909, P. L. 154. The pro- 
visions. of this section as contained in the original form have been 
divided. into two. sections in this code, it being thought that clearer 
reading would thereby be obtained. Under Section 5, Clause 3, of 
this Act of 1851, P. L. 320, a burgess was given jurisdiction in cer- 
tain criminal cases, and was entitled: to charge the same fees for 


246 





4 


his services as justices of the peace were entitled to receive. Under 
the Act of 1887, the burgess was given criminal jurisdiction in the 
enforcement of borough ordinances, and the collection of fines and 


a penalties imposed under the same, and was entitled to the same fees 


for such service as justices of the peace are now entitled to. By the 
Act of 1909 a burgess receiving a salary was compelled to pay such 
costs and fees as he miglit collect into the borough treasury, and it 
seems, therefore, that where a burgess received a salary he was not 
entitled to retain any fees which he might collect when acting as a 
justice of the peace. However, as the Act of 1909 is not mandatory 
upon the borough to pay the burgess any salary, this section has 
pe so drafted as to require the payment of all costs and fees allowed 

« burgess under existing laws to be paid into the borough treasury 
only when a salary has been Provided for. ee 

Section 9. | 

Is a draft from Section 5, Act of April 3, 1851, P. L. 320, and See: 
tion 1, Act of May 15, 1887, P. L. 188. 

‘dettion 10. 3 | 

Is a section devoted to the enumeration of the powers of a burgess 
and is drafted from Section 5, Act of April 3, 1851, P. L. 320; Section 
1, Act of May 19, 1887, P. L. 133; and Section 1, Act of April 23, 
1903, P. L. 291. It is to be noted that under Glause 3, Section 5, 
of the Act of 1851, the burgess had the jurisdiction of the justice 
of the peace in the suppression of riots, tumults, and disorderly 
meetings, and in all criminal cases for the punishment of vagrants 
and disorderly persons, he was entitled to the same fees as justices 
of the peace for like services. As this appears on the pamphlet laws, 
there seems to be no jurisdiction in a burgess to punish vagrants 
and disorderly persons and that this section simply entitled him to 
collect fees for such services without imposing any jurisdiction. 
However, it was held in Commonwealth v. Thompson, 110 Pa. 297, 
that this clause did impose jurisdiction upon the burgess in cases 
of vagrants and disorderly persons, and it has therefore been drafted 
sc as to leave no doubt as to its intention. The provisions con- 
tained in the original acts of 1851 and 1887, has been divided into 
two sections in this code, it being thought clearer reading would 
thereby be obtained. 

So much of Section 5, Act of April 3, 1851, P. L. 320, as gives a 
burgess power to enforce the by-laws, ordinances, rules and regula- 
tions of the borough, has been omitted as this provision is compre- 
liended under the duties of the burgess, as set forth in Section 11, 
Clause 1, of this article. 

Section 11. 

Is a section drafted from Section 9, Act of April 1, 1834, P. L. 163; 
Section 6, Act of April 3, 1851, P. L. 320; and Section 1, Act of 
June 24, 1895, P. L. 255. From Section 6, of the Act of 1851, has 


247 


been omitted that provision which authorized the burgess “to issue 
his warrant for the collection of taxes assessed,” as this is compre- 
heuded in the taxation code. So much of Section 9, of the Act of 
i834 relating to the subject of the collection of taxes has been omitted 
for the same reason. The clause requiring the burgess to open roads, 
streets, etc., has been limited to those highways which lie partly in 
the borough as subsequent to the Act of 1851, the only road laid 
out in a borough by any court are those which, as stated, are partly 
within the borough. Moreover, the only court which could authorize 
such a road to be laid out was the court of quarter sessions, and 
this court has been designated by name instead of retaining the gen- 
eral words set forth in the original act. So much of the section 
which imposes a penalty upon the burgess for the neglect of his 
duties; and so much as authorizes this officer to mitigate or remit 
fines and forfeitures, has been omitted as they will appear in a later 
section of this article. 

Section 12. 

Is a draft from Section 12, Act of April 6, 1802, P. L. 178, as ex- 
tended by Section 9, of the Act of 1834, P. L. 163. It seems that this 
section of the Act of 1802 is the only one to which the Act of 1834 can 
have reference; while Pepper and Lewis’s Digest is of the opinion 
that this Act of 1802 is repealed by the Act of 1836, P. L. 551, yet 
it would seem that this is not the case so far as Section 12 is con- 
cerned, since the Act of 1836, P. L. 551, makes no provision for any 
fine for the neglect or refusal to open a road, street, lane or alley, 
and it seems to have been the intention to leave this provision of 
the Act of 1802 unaffected. It has, therefore, been incorporated in 
this article, as the only provision to which the act of 1834 can have 
any reference. 

Section 18. 

Is Section 1, Act of June 10, 1901, P. L. 551. Recommendation: 
This section should be drawn so as to include the refusal or neglect 
of the burgess to act. 





CHAPTER VII. 





ARTICLE ITI. 





HIGH CONSTABLE. 

Section 1. 

Is a draft from Section 7, Act of April 1, 1834, P. L. 168, and 
part of Section 13, Act of April 3, 1851, P. L. 320. It includes only 
so much of the former act as relates to the oath required of the 
high constable, and only so much of the later act as relates to the 
bond which this officer may be compelled to give. 


248 





Section 2. 

Is part of Section 13, Act of April 3, 1851, P. L. 320, the remain- 
ing part of this section having been incorporated in Section 1 of 
this article. Recommendation: In section two, line three, after the 
word “act,” the words “unless council should otherwise direct” 
should be inserted. 

Section 3. 

Is Section 14, Act of April 1, 1834, P. L. 163. 

Section 4. 

Is Section 2, Act of July 14, 1897, P. L. 266. 

. Section 5. 
Is Section 3, Act of July 14, 1897, P. L. 266. 





CHAPTER VII. 





ARTICLE IV. 





AUDITORS. 


This article has been devoted to the powers and duties of borough 
auditors and before discussing its several sections attention is called 
to the fact that the following acts have been omitted, to wit: Sec- 
tion 2, Act of 1883, P. L. 121 as it has been supplied by the Act of 
1913, P. L. 254; Section 1, of the Act of 1889, P. L. 66, it having 
been supplied by the Act of 1909, P. L. 392; Sections 3 and 4 of 
the Act of 1909, P. L. 392, which have been superceded by the Acts 
of 1913, P. L. 254, and 1911, P. L. 865; Section 1, Act of 1913, P. 
L. 254, which simply amends the title of the Act of 1911, P. L. 865; 
and Sections 2 and 3 of the Act of 1911, P. L. 865 which have been 
amended by the Act of 1918, P. L. 254. 

Section 1. 

Is Section 2, Act of May 20, 1913, P. L. 254, amending Section 1, 
Act of June 9, 1911, P. L. 865, re-drafted so as to make its provisions 
exclusively apply to the subject of boroughs. 

Section 2. 

Is Section 5, Act of May 3, 1909, P. L. 392. 

Section 3. 

Is Section 2, Act of May 3, 1909, P. L. 392, and Section 3, of the 
Act of May 20, 1915, P. L. 254, amending the Act of June 9, 1911, 
P. L. 865. The section here incorporated is taken from the Act of 
1909, P. L. 392, and Section 3, of the Act of 1913, has been cited, 
because everything which is comprehended by the Act of 1913 is 
covered by the Act of 1909, in addition to other matters which the 
statute of 1913 does not include. The section has been redrafted so 


249 


as to_make it exclusively apply to the subject of boroughs. The 
proviso at the end of the section has been left out as it can have 


reference only to special legislation and since no attempt will be | 


made to repeal such acts there is no necessity for its retention in the 
code. — 

Section 4. 

Is part of Section 4, Act of May 20, 1913, P. L. 254, amending 
Section 3, Act of June 9, 1911, P. L. 865. a 

Section 5. 

Is part of Section 4, Act of May 20, 1913, P. L. 254, amending 
Section 3, Act of June 9, 1911, P. L. 865. It will be noted that what 
was contained in one section of the original act has been divided in 
this code into several sections, it being thought that clearer reading 
would thereby be secured. 

Section 6. 

Is Section 2, Act of May 31, 1913, P. L. 394. 

Section 7. 

Is part of Section 3, Act of May 31, 1913, P. L. 394. 

Section 8. | 

Is part of Section 4, Act of May 20, 1913, P. L. 254, amending 
Section 3, Act of June 9, 1911, P. L. 865. The remaining part of 
this section as it stood in the original act having been incorporated 
in Sections 4 and 5 of this article. 

Section 9. 

Is part of Section 3, Act of May 31, 1913, P. L. 394. The remaining 
portion of this section appearing in Beton 7, of this article, except 


so much as authorizes the court to frame an issue on disputed mat- 


ters.of fact as this contingency has been provided for in the pre- 
ceding section. 

Section .10. 

Is Section 4, Act of June 9, 1911, P. L. 865. 

Section 11. 

Is Section 1, Act of May 31, P. L. 394, re-drafted so as to make its 
provisions exclusively apply to the subject of boroughs. 

Section 12. 

Is part of Section 1, Act of April 27, 1909, P. L. 261. 

Section 13. 

Is part of Section 1, Act of April 27, 1909, P. L. 261. What was 
contained in one section of the original act has here been divided 
into two sections for the sake of clearer reading. 

Section 14. | 

Is Section 2, Act of April 27, 1909, P. L. 261. 

Section 15. 

Is part of Section 1, Act of May 3, 1909, P. L. 399, re- drafted in 
order, to make’ its provisions exclusively apply to the subject of 
boroughs. 


250 


aes 





Section 16. 
Is Section 6, Act of May 3, 1909, P. L. 392, re-drafted so as tu 
ake its provisions exclusively apie to the subject of boroughs. 





CHAPTER VIT. 


ARTICLE YV. 


CONTROLLER. 

Section 1, 

Is so much of Section 7, of the Act of June 12, 1913, P. L. 499, as 
relates to the oath and bond required of this officer. So. much of 
this section as relates to the filling of vacancies in the office of .con- 
troller has been omitted from this article as its provisions. will » 
pear in Chapter 8, Article 2, of the code. 

Section 2. 

Is so much of Section 7, Act of June 12, 1913, P. L. 499, as. relates 
to the salary of the controlier. It will be noted that the original pro- 
visions of this section have been divided in this code, it une eronent 
that clearer reading wou!d thereby be obtained. 

_ Section 3. 

Is part of Section 1, Act of June 12, 1913, P. L. 499. ..So eS of 
this section as plete to the Siiean and term of this officer has 
been omitted as its provisions will appear in Chapter 8, Article 1, 
of the code. 

Section 4. 

Is Section 5, Act of June 12, 1913, P. L. 499. 

Section 5. 

Is part of Section 1, Act of June 12, 1913, P. L. 499. The pro- 
visions of the original section have sane divided in this code, it 
being thought that the subject would be presented in a clearer man- 
ner by such change. 

Section 6. 

_ Is so much of Section 4, Act of June 12, 1913, P. L. 499, as relates 
to the countersigning of warrants upon the borough treasurer. The 
remaining portion of this section appearing in Section 6, of this 
article. 

Section 7. 

Is part of Section 4, Act of June 12, 1913, P. L. 499. 

Section 8. 

Is Section 5, Act of June 12, 1913, P. L. 499. 


251 


Section 9. 

Is Section 6, Act of June 12, 1913, P. L. 499. 
Section 10. 

Is Section 2, Act of June 12, 1913, P. L. 499. 
Section 11. 

Is Section 8, Act of June o 1913, P. L. 499. 
Section 12. 

Is Section 9, Act of June 12, 1918, P. L. 499. 





CHAPTER VII. 





ARTICLE VI. 





APPOINTED OFFICERS. 

Section 1. 

Is Section 4, Act of April 3, 1851, P. L. 320. This section originally 
provided that the corporate officers should not receive any salary. 
This has been changed to appointed officers since the salary of all 
other officers has been provided for in the Articles dealing with those 
officers. 

Section 2. 

Is Section 16, Act of April 1, 1834, P. L. 168. 

Section 3. 

Is Section 12, Act of April 1, 1834, P. L. 168. The enumeration 
of the several officers as set forth in the original section has been 
omitted and a phrase broad enough to include them all, substituted. 

Section 4. 

Is Section 1, Act of May 23, 1907, P. L. 225, re-drafted so as to 
restrict its provisions to the subject of boroughs. 

Section 5. 

Is Section 10, of the Act of April 3, 1851, P. L. 320, so much of Sec- 
tion 11, of the Act of April 3, 1851, P. L. 320, as provides the bor- 
ough treasurer shall perform the duties of the township treasurer 
within the borough, and so much of Section 6, of the Act of April 
1, 1834, P. L. 163, as provides that all money received by any officer 
for the use of the borough shall be paid to the borough treasurer. — 

In this connection it may be well to note that Section 11, of the 
Act of April 1, 1834, P. L. 163, was not overlooked, its provisions 
having been covered by the Act of 1851, as incorporated in this sec- 
tion of the code. Recommendation: The law should require council 
to designate a depository for the funds in the hands of the treasurer 
The treasurer should not be liable for the failure or insolvency of 
the depository. The words “shall perform the duties of the town- 
ship treasurer within the borough” should be omitted. 


252 


Cae ee 


Section 6. ' 

Is that part of Section 11, Act of April 3, 1851, P. L. 320, relat- 
ing to the compensation of the borough treasurer. 

Section 7. 

Is Section 8, Act of April 3, 1851, P. L. 320. So much of this 
section as provides that the duties of the town clerk in boroughs 
shall hereafter be performed by the scretary of the corporation, 


who shall receive the fees prescribed by law for the performance of 


the duties of that office, has been omitted, because this officer will 
be known in the code as the secretary, and there is therefore no 
necessity for the clerk. The second part of the sentence has been 
left out as there seems to be no fees prescribed in any act of as- 
sembly to which the town clerk is entitled, and there therefore seems 
to be no necessity for this reference. Section 10, of the Act of April 
1, 1834, P. L. 163, was not overlooked, but is provisions are entirely 
covered by the Act of 1851, incorporated at this place. 

Section 8. 

Is a section drafted in order to fix a uniform time for appointment 
of street commissioners in all boroughs of this Commonwealth. So 
far as boroughs incorporated from the township are concerned, the 
law was silent as to when such officers should be selected, the Act 
of 1834 simply providing that the borough council should have such 
power of appointment. The Act of 1897, May 25, P. L. 88, amend- 
ing Section 9, of the Act of June 6, 1893, P. L. 335, expressly legis- 
lated as to street commissioner, the time of appointment and term 
of such officers. There seems to be no good reason why affirmative 
legislation should appear, so far as the time of appointment of this 
officer is concerned, only in the case of consolidated borough, and 
a provision has therefore been inserted requiring the appointment of 
this officer at the organization meeting of each new council or within 
thirty days thereafter. 

Section 9. 

Is part of Section 1, Act of May 25, 1897, P. L. 88, amending 
Section 9, Act of June 6, 1893, P. L. 335. So much of the section 
as relates to overseers of the poor and poor districts has been omitted 
as this subject is not comprehended in this code. This section has 
been re-drafted so as to make the term of the officer begin on the 
first Monday of January instead of the first Monday of March in 
consonance with the Act of March 2, 1911, P. L. 8. The term of this 
officer has been changed from one to two years, see Section 8, as 
council now organizes biennially and it seems to be the intention that 
this officer should be selected at that time. 

Section 10. 

Is part of Section 1, Act of June 5, 1913, P. L. 409, —, 
Section 1, Act of ‘April 25, 1907, P. L. 103. 


253 


Section 11. 

Is part of Section 1, Act of June 5, 1913, P. L. 409, amending 
Section 1, Act of April 25, 1907, P. L. 103. The original provisions 
of Section 1, of this Act of 1918, have been divided into several 


sections in this code, it being thought that clearer reading and — 


_better arrangement would thereby be obtained. 

Section 12. 

Is part of Section 1, Act of June 5, 1913, P. L. 409, amending 
Section-1, Act of April 25, 1907, P. L. 103. 

Section 13. | 

Ss Is Section 2, Act of April 25, 1907, P. L. 105. The clause ‘except 
as herein otherwise provided” has been inserted so as to obviate the 
possibility of this provision conflicting in any manner with Section 
twelve, Article four, of this chapter, authorizing the borough auditors 
to employ an attorney on a certain contingency. Recommendation: 
The deeds, papiers, ete., should be in the hands of the secretary 
rather than the solicitor. : 

Section 14. 

Is Section 3, Act of April 25, 1907, P. L. 103. 

Section 15. 

Is Section 1, Act of June 6, 1893, P. L. 327. Recommendation: 
Council should be authorized to remove any person appointed by it 
as. policeman. 

Section 16. _ 

Is Section 2, Act of June 6, 1893, P. L. 327. 

Section 17... | ; 

Is Section 1, Act of pees 19, 1913, P. L, 538, sinendatt section 
3, Act of June 6, 1898, P. L. 327, as amended by Act of June 8, 1911, 
P. L. 720... So much of this section as relates to the compensation 
of the police bas..been omitted as this subject is comprehended in 
the succeeding section. 

Section 18. 

Is Section 1, Act of July 14, 1897, P. L. 266, re-drafted so as te 
make its provisions exclusively apply to the subject of boroughs. 

Section 19. 

Is. Section 3, Act of July 14, 1897, P. L. 266, re-drafted in order 
to make its provisions exclusively apply to the subject of borough 
police.. 

Section 20. 

Is Section 1, Act. of April 25, 1905, P. L. 309. 

Section 21. 

Is Section 1, Act of abe 24, 1901, P. L. 297.. So much of the sec- 
tion which provides that ‘ eqitiere such policemen. receive no salary 
or stipulated sum for services, they shall receive the same fees as 
the high constable now receives for like services” has been omitted 


254 





ee iy a, 


as its provisions are surplusage, the Act of July 14, 1897, P. L. 266, 
incorporated in Section 18, of this article providing that all borough 


2 police shall be paid a salary. 


Section 22. 

Is Section 1, Act of May 24, 1893, P. L. 129. 

Section 23. 

Is part of Section 1, Act of May 24, 1893, P. L. 129, re-drafted 
so as to make its provisions exclusively apply to the subject of 
boroughs. 

Section 24. 

Is part of Section 1, Act of May. 24, 1893, P. L. 129, re-drafted 
so as to make its provisions exclusively apply:to the subject of 
boroughs. 

Section 25. 

Is part of Section 1, Act of May 24, 1893, P. L. 129. 

Section 26. | 

Is Section 2, Act of May 24, 1893, P. L. 129, re-drafted so as to 
make its provisions exclusively apply to the subject of boroughs. 

Section 27. | 

Is Section 3, Act of May 24, 1893, P. L. 129. 





CHAPTER VII. 





ARTICLE VII. 





BUREAU OF MINE INSPECTION AND SURFACE SUPPORT. 


This article has been devoted to the bureau of mine inspection 
and surface support. Some hesitance was felt in incorporating this 
article at this place, but as the bureau is appointed by the burgess 
and borough council, it was felt that it would be well to have it 
follow the article relating to appointed officers. 

Section 1. 

Is Section 1, Act of July 26, 1913, P. L. 1489, re-drafted in order 
to make its provisions apply exclusively to the subject of boroughs. 

Section 2. | 

Is Section 2, Act of July 26, 1913, P. L. 1439, re-drafted so as to 


_ make its provisions exclusively apply to the subject of boroughs. 


Section 3. 

Is Section 3, Act of July 26, 1913, P. L. 1439, with changes neces- 
sary to limit the provisions to the subject of boroughs exclusively. 

Section 4. 

Is Section 4, of the Act of July 26, 1918, P. L. 1439, re-drafted 
in order to make its provisions exclusively apply to the subject of 
boroughs. 


17H 255 







Section 5. 

Is Section 5, Act of July 26, 19138, P. L. 1489, re-drafted in order 
to make its provisions exclusively apply to the subject of boroughs. — 

Section 6. 

Is Section 6, Act of July 26, 1918, P. L. 1489. . 

Section 7. 





| CHAPTER VIII. 
ELECTIONS—VACANCIES IN OFFICE. 





ARTICLE I. 





NUMBER, TERM AND TIME OF ELECTION OF OFFICERS. 


This article is devoted to the number and term of borough officers 
and the time of their election. In drafting this article some diffi- 


Is Section 7, Act of July 26, 1913, P. L. 1489, re-drafted so as to | 
make its provisions exclusively apply to the subject of boroughs. 

Section 8. 

Is Section 8, Act of July 26, 19138, P. L. 1439, re-drafted so as to 
make its provisions exclusively apply to the subject of boroughs. 


_ culty was experienced occassioned by changes in the policy of the 


law. By the constitutional amendments of 1909, and the Act of 
March 2, 1911, P. L. 8, the annual municipal election was abolished 
and a biennial municipal election substituted, the terms of officers 
was changed from an odd number to an even number of years and 
the time when their terms were to begin changed to the first Monday 
of January of the year next succeeding their election. Further 
change was made in the policy of the law by the Act of June 19, 
1911, P. L. 1047, which provided a system whereby one-half of the 
council or as nearly one-half as possible might be elected at each 
municipal election. The difficulty lay in those borough offices which 
are fixed at an odd number, as for instance the borough council in 
boroughs not divided into wards where the number is seven, and 
also in boroughs, divided into wards where the number of council- 
men elected from each ward is either one or three. It is submitted 
that if the number of councilmen in boroughs not divided into wards 
was made an even number, and that in boroughs divided into wards 
the number to be elected from each ward would be even, a system 
whereby one-half of the council would be elected at each municipal 
election could be easily provided. As the article now stands it is 
admitted that it is somewhat cumbersome and lengthy in its pro- 
visions, but no other way presented itself whereby the article could 
be drafted in a different manner without materially changing the 
law. 

| 256 





; 


7 a Sal ed 


Some difficulty was also experienced with the section relating to 
borough auditors. Under the Act of 1851, P. L. 320, three auditors 
were elected, one at each municipal election for a term of three 
years, and under the Act of 1878, P. L. 51, three auditors were to 
be elected for a term of three years in every borough divided into 
wards. This later act did not provide when such auditors were to 
be chosen and it is presumed therefore that they were to be elected 
as provided in the Act of 1851, that is, one every year for a term 
of three years. This would therefore have oceassioned an election 
for auditor in each borough in the years 1908, 1909 and 1910. The 
term of the auditor elected in 1908, which would have expired March 
1, 1911, was extended by the constitutional amendments of 1909, 
to the first Monday of December of that year and by the Act of 
March 2, 1911, P. L. 8, it was provided that the successors to those 
officers whose terms expired on the first Monday of December, 1911, 
should hold their office from the first Monday of December of that 
year until the first Monday of January, 1916. The term of the audi- 
tor elected in 1909, which would expire in March, 1912, was also 
extended by the constitutional amendments to the first Monday of 
December in the year 1913. The term of the auditor elected in the 
year 1910 under the constitutional amendments expired on the first 
Monday in December 1913, and the terms of the successors of both 
of the auditors elected in 1909 and 1910, and whose terms expired on 
the first Monday of December 1913, were extended by the Act of 


‘March 2, 1911, P. L. 8, to the first Monday of January, 1918.. This 


would therefore occasion an election of one auditor in 1915, and two 
auditors in 1917, and the sections dealing with this subject have 
been drafted with this fact in mind. 

Section 1. 

Is Section 18, Act of April 3, 1851, P. L. 320. 

This section has been restricted to elective offices, so as to permit 
the election of a solicitor or engineer who may not reside in the 
borough. 

Section 2. 

Is a drafted one, and is simply declaratory of existing law as to 
the time of electing borough officers. 


Section 3. 

Is Section 20, Act of April 3, 1851, P. L. 320. 
Section 4. 

Is Section 19, Act of April 3, 1851, P. L. 320. 
Section 5. © 


Is divided into two clauses, the first enumerating the officers to 


_ be selected in boroughs not divided into wards, and the second enu- 


merating those to-be chosen in boroughs which are divided into 
wards. 


257 


Clause 1. 

Is a draft from Section 17, Act of April 3, 1851, P. L. 320, Section 
1, Act of May 22, 1895, P. L. 109, and the Act of June 12, 1913,-P. 
7s 499. 

Clause 2. 

Is a draft from the provisions of the following acts, to wit: Section 
1, Act of May 10, 1878, P. L. 51, Section 1, Act of April 18, 19038, 
P. L. 171, and the Act of June 12, 1913, P. C 499. | 

Section 6. 

Is drafted from Section 1, Act of May 20, 1918, P. L. 268, amend- 
ing Section 4, Act of June 19, 1911, P. L. 1047. In this draft care 
was taken not to disturb the terms of any councilman now in office 
under the provisions of the act of 1913, nor has any change been made 
in the election of their successors when their terms shall expire. 
This drafted section is somewhat lengthy, and might be open to the 
objection of being cumbersome, but in view of the fact of the odd 
number composing the council in many of the boroughs it is the only 
way in which the law could be presented. Sections 1, 3 and 5 of 
this Act of 1911, P. L. 1047, have been omitted from the code, their 
provisions being obselete. Sections 2, 3 and 5 of the Act of May 22, 
1895, P. L. 109, have not been used as they are either obselete or su- 
perceded by the constitutional amendments of 1909. Sections 2, 3, 4 
and 5 of the Act of April 18, 1903, P. L. 171, have been excluded, as 
their provisions are also obselete or have been superceded by the 
Act of 1913, P. L. 268. Sections 2 and 3 of the Act of June 1, 1883, 
P. L. 54, are superceded by this same Act of 1913, P. L. 268, and 
that part of Section 2, relating to the chief burgess and members of 
council seems to have been superceded by the acts which fix the term 
of the chief burgess at three and later at four years, and the num- 
ber of councilmen at seven. Section 4, of the same act, has been 
supplied by the Act of 1895, P. L. 109. 

Section 7. 

Is a section drafted from Section 1, of the Act of May 13, 1889, 
P. L. 198, amending Section 4, of fhe Act of May 14, 1874, P. L. 
159; Section 1, Act of March 24, 1877, P. L. 47, and Section 1, Act 
of May 20, 1913, P. L. 268, amending Section 4, of the Act of June 
19, 1911, P. L. 1047. The Legislature in passing the Act of 1911, 
and its amendment of 1913, while making provision for the election 
of borough councilmen in those boroughs existing at the time of the 
passage of these acts failed to make provisions for boroughs which 
would be divided into wards or the number of wards changed some- 
time in the future. This section has been drafted therefore in order 
to provide for the election of councilmen whenever any borough is 
divided into wards and its provisions have been so fixed that when 
any such division shall hereafter be made the election of councilmen 
in such boroughs will coincide, with respect to the time and number, 
with those elected in boroughs theretofore divided. 


258 


—S” CU 


-Seetion 8. 

Is a section drafted from Section 5, of the Act of June 6, 1893, P. 
‘L. 335; and Section 1, of the Act of Mas 20, 1913, P. L. 268, amend- 
ing Section 4, of the Act of June 19, 1911, P. L. 1047, and provides for 
the election of councilmen whenever ‘raneha are consolidated under 
the provisions of the Act of 1893, P. L. 335, as incorporated in Chap- 
ter 2, of this code. The section has been so drawn as to coincide 
with respect to the time and number of councilmen to be elected in 
such boroughs with Section 6, of this article. 

Section 9. 

-Is part of Section 1, Act of May 20, 1918, P. L. 268, ‘eieaina 
Section 4, of the Act of June 19, 1911, P. L. 1047. While the pro- 
visions of the three preceding sections are complete in themselves and 
their purpose is not difficult to discern, yet in view of the fact that 
the provisions incorporated in this section appears in the Act of 
1913, and in order to preclude the possibility of doubt as to the pur- 
pose of such sections this provision has been incorporated in the 
code. : 

Section 10. 

Is Section 1, Act of February 17, 1876, P. L. 6, omitting therefrom 
the refernce to the Act of 1874, which seems unnecessary and also 
so much of the section as relates to the subject of school directors, 
which is irrelevant to the subject of this code. 

Section 11. 

Is drafted from part of Section 1, Act of May 13, 1889, P. L. 198, 
amending Section 4, of the Act of May 14, 1874, P. L. 159, and part 
of Section 1, Act of 1903, P. L. 171, this last act, however, being 
simply declaratory of the law as it ited at that time. It is to be 
noted that the Act of March 10, 1875, P. L. 6, has not been over- 
looked, but has been omitted as its provisions are obselete. The acts 
of June 13, 1883, P. L. 21, and Section 2, of the Act of 1871, P. L. 
284, have also been omitted intentionally, the former as its pro- 
visions have been supplied by the constitutional amendments of 
1909, and the later because it has been superceded by the Act of 
1895, P. L: 109. 

Section 12. 

Is Section 1, of the Act of July 9, 1897, P. L. 216, omitting such 
parts of the section as relates to school directors as this has no 
place in this code. Further omitting the provisions relating to the 
election of councilmen until the number have been reduced to two, 
and in lieu of this last provision a clause has been substituted pro- 
viding that one councilman should be elected in each ward at every 
municipal election to hold his office for a term of four years, and 
it is submitted that this is the proper number of councilmen to be 
elected in boroughs divided into wards. Omitting further the clause 


259 


providing that vacancies in the office of council shall be filled as now 
provided by law. ‘This is simply a declaratory phrase, a special — 
mode of procedure will be found later in this article. 

Section 13. 

Is part of Section 5, Act of May 10, 1878, P. L. 51. 

Section 14. 

Is a section drafted from Section 1, of the Act of May 23, 1893, | 
P. L. 118, the Act of March 2, 1911, P. L. 8, and the constitutional 
amendments of 1909. The Act of 1893, provided that in the year 
1894, and: triennially thereafter a burgess should be elected in the 
boroughs of the Commonwealth to serve for a term of three years from 
the first Monday of March of the year in which he was elected. This 
would bring an election for burgess in February 1909, who would 
serve for a term of three years from the first Monday of March, 1909, 
to the first Monday of March, 1912. This term was lengthened to the 
first Monday of December, 1913, by the constitutional amendments 
of 1909, and the term of this officer was made four years instead of 
three, then came the Act of March 2, 1911, P. L. 8, which provided 
that the successor to an officer elected for a four-year term in the 
year 1913, should hold his office from the first Monday of December, 
1918, until the first Monday of January, 1918. The next election 
to the office of burgess therefore is at the municipal election in the 
year 1917, and this section of the code has been drafted in view of 
this fact. . 

Section 15. 

Is a draft from Sections 5 and 6 of the Act of June 6, 1893, P. L. 
335, the Act of March 2, 1911, P. L. 8, and the constitutional amend- 
ments of 1909, and relates to the election for the office of burgess 
in boroughs formed by the consolidation of two or more boroughs. 
This section has been so drafted that whenever such consolidation 
hereafter occurs the burgess of such consolidated borough will there- 
after be elected in the same year as elections are held for such office 
in the other boroughs of this Commonwealth. The Act of 1911, and 
the constitutional amendments of 1909, while completely legislating 
for municipalities then in existence, was silent as to a method where- 
by municipalities thereafter created might come into the system 
which was established. It was thought advisable to have all the 
boroughs of the Commonwealth irregardless of their mode of creation 
elect similar officers at the same municipal election and, as stated, 
since there was no provision in the law so far as the office of burgess 
is concerned for accomplishing this purpose, this draft has been 
incorporated. 

Section 16. 

Is a draft from Section 1, Act of June 26, 1895, P. L. 375, the 
Act of March 2, 1911, P. L. 8, and the constitutional amendments of 
1909. The Act of 1895, provided for the election of a high constable 
at the February election of 1896, and triennially thereafter to serve 


260 


a a 


for a term of three years from the first Monday of March of the year 
in which they are elected. ‘The constitutional amendments of 1909 
changed the term of this officer from three to four years. This would 
have occasioned an election for this officer in 1908, whose term would 
expire on the first Monday of March, 1911. The term of this officer 
whose term as stated expired on the first Monday of March, 1911, 
was extended to the first Monday in December by the constitutional 
amendments of 1909, and by the Act of 1911, P. L. 8, it was enacted 


‘that the successor to such an officer whose term expired on the first 


Monday of December, 1911, was to hold his office from the first 
Monday of December, 1911, to the first Monday of January, 1916. In 
other words, the Act of 1911, added one month to the term of this 
officer, the intention being to change the time when such officers 
would begin their term to the first Monday of January, instead of 
the first Monday of December. A high constable, under the facts 
above stated must be elected in all boroughs at the municipal elec- 
tion in 1915, and this section of the code has been drafted in view of 
this fact. 

Section 17. 

Is a section drafted from Section 17, Act of April 3, 1851, P. L. 
320, Section 1, Act of May 10, 1878, P. L. 51, the Act of March 2, 1911, 
P. L. 8, and the constitutional amendments of 1909, and provides 
for the election of borough auditors being founded upon the presump- 
tion that in every borough prior to the constitutional amendments of 
1909, an auditor was elected each year for a term of three years. 
For a more complete exposition see the remarks made introductory 
to this article, The clause “in boroughs not accepting the pro- 
visions of Chapter 7, Article 5, of this act” has been inserted, so that 
no inconsistency will exist between this section and Article 5, of 


- the chapter referred to. Article 5, of Chapter 7, deals with the sub- 


ject of borough controller and in Section 12, it is provided that in 
boroughs accepting the provisions of that article, and they must so 


accept before its provisions become operative, the borough auditors 


then in office shall continue until the first Monday of January suc- 
ceeding the election of a borough controller, after which date the 
office of borough auditor is abolished. Were this section drawn with 
the omission of the clause above quoted it would command all bor- 
oughs to elect borough auditors at each municipal election, while 
as a matter of fact, as shown above, the command applies only to 
those boroughs who have no office of borough controller. 

Section 18. 

Is Section 1, Act of May 6, 1909, P. L. 940, and the constitutional 
amendments of 1909. An examination of the statute law has been 
made with some degree of diligence, and no general act was found 
which provided for the election of borough treasurers and street 
commissioners by the electors of the borough. The Act of April 3, 
1851, P. L. 320, provided these officers should be chosen by council, 


261 


the provisions of which seem never to have been changed, and it is 
therefore presumed that this act relates to boroughs having special 
charters providing for the choice of these officers in this way. 

Section 19. 

Is so much of Section 1, Act of June 12, 1913, P. L. 499, as relates 
to the election of a borough controller in boroughs where such office 
exists. 

Section 20. . | 

Is a draft made for the purpose of filling the several gaps existing 
in the present borough law. The purpose is to provide that in the 
case of the incorporation of boroughs from the township, the di- 
vision of boroughs or whenever a borough is formed by the detach- 
ment of territory, that the election of the borough officers will there- 
after coincide with respect to the number .to be elected, and the time 
of their election with all the boroughs of the Commonwealth. In 
Commonwealth v. Galloway, 16 Pa. C. C, 442, it was held that where 
a burgess was appointed to fill a vacancy his appointment was for 
the unexpired term and not until the next municipal election. This 
section has therefore been so drafted that in any of the enumerated 
cases, the election of the officers will occur at the same municipal 
election as in boroughs theretofore incorporated, and to repeat, under 
this system in all boroughs in the Commonwealth irregardless of 
their mode of creation or the time when it occurred, similar offices 
will be filled at the same municipal election. 

Section 21. 

Is Section 6, Act of April 1, 1834, P. L. 163, re-drafted so as to 
limit the application of fines and penalties to officers refusing to 
assume office or misconducting themselves after having taken upon 
themselves the official duties. So much of the section as relates to 
the disposition of fines and penalties generally has been reserved for 
a later chapter and article. So much of the section as provides that 
no person elected: to burgess shall be liable to a fine for refusing or 
neglecting to serve more than once in four years has been omitted, 
as this officer now serves for a term of four years this provision can 
lave no application. 





CHAPTER VIII. 





ARTICLE II. 





FILLING OF VACANCIES. 
Section 1. 
Is Section 1, Act of March 24, 1877, P. L. 36, Act No. 31. 


262 


Section 2. 

_Is part of Section 5, Act of March 4, 1870, P. L. 344, the provisions 
of which were extended to fcughs generally by Section 3, of 
the Act of June 2, 1871, P. L. 283. The statute of 1870, P. L. 344, | 
was a special act relating to the town of Bloomsburg, Section 5, 
thereof providing for the filling of vacancies in the offices of that 
town. The Act of 1871 extended the provisions of Section 5, of 
_ this Act of 1870, only so far as related to council and its has been 
‘so restricted in this draft. A provision occurred in Section 5, of 
this Act of 1870, providing for the filling of a vacancy in the office 
of president of council, but this has been omitted in the code as this 
office in boroughs is filled by the council themselves by the selection 
of one of their members who is elected in the same manner as all 
the others. It. will be noted that Section 5, of this Act of 1870, as 
extended has in this code been divided into two sections, it being 
thought that in this manner the subject could be more clearly pre-. 
sented. _ 

Section 3. 

-Is part of Section 5, of the Act of March 4, 1870, P. L. 344, as ex- 
’ tended to boroughs by Section 3, of the Act of June 2, 1871, P. L. 
283. In addition to what has been stated in the exposition on Section 
2, of this article, attention is called to the fact that a new sentence 
has been added to this section providing that persons chosen at the 
election prescribed in the original act shall hold their office until the 
first Monday of January next succeeding the municipal election at 
which such offices are regularly filled in the boroughs of the Com- 
- monwealth, and this, for the reason that it was thought advisable to 
state affirmatively the time for which such persons should be elected, 
and the term has been so fixed so that the scheme of electing borough 
officers of the same class in all boroughs of the Commonwealth, at 
the same time will remain uninterrupted. 

Section 4. See “Gomm. v. Durkin,” 245 Pa. 507, which rules that 
it is requisite that the ballots be marked as Gepienated in the sec- 
tion. 

-Is Section 4, Act of May 22, 1895, P. L. 109. 

Section 5. 

Is Section 1, Act of July 2, 1895, P. L. 483. Although the act in © 
its original form-did not affirmatively state the term of the person 
. $0 appointed to fill any such vacancy, it was held in Commonwealth 
v. Galloway, 16 Pa. C. C. 442, that the appointment was for the un- 
expired term, and not until the next municipal election, and the sec- 
tion has been drafted in conformity with the ruling of the court. 

Section 6. 

Is a draft from Section 1, Act of March 11, 1908, P. L. 22, and 
Section 2, Act of March 11, 1842, P. L. 62, and provides for the fill- 
ing!of vacancies in the offices of high constable and borough auditors. 
In Jayne-v. Smith, 9 Pa. C. ©. 494, it was held that an auditor 


263 


is not-a borough officer within the meaning of the Act of 1877, P. L. 
36, incorporated in Section 4, of this article, but that he was a town- 
ship officer and that vacancies in such office shall be filled under the 
Act of 1842, which provides for the filling of vacancies in the office 
of township auditor. This decision is cited with approval in Tricketts 
Borough Law, Section 80. On the other hand, it was held that in 


several lower court cases that a vacancy in the office of auditor might © 


be filled under the Act of 1877. It seems, however, from these pro- 


ceedings that if such is the case the procedure under the Act of | 


1877 is not conclusive, and that proceedings might still be had 
under the Act of 1842. For these reasons it has been inserted in 
this compilation, and it has been joined with the act authorizing the 
filling of vacancies in the office of high constable, because the pro- 
cedure is the same, and the power co-extensive in both cases. 

The Acts of 1842 and 1903, providing respectively for the filling 
of vacancies in the office of borough auditor and of high constable 
appeared in a mandatory form, the provisions of the act providing 
that “courts of quarter sesions shall fill vacancies, ete.” This man- 
datory form seems objectionable in view of the fact that the Act of 
March 24, 1877, P. L. 35, incorporated in Section 1, of this article, 
prescribes a method whereby the court of quarter sessions may fill 
vacancies in any borough office on petition of the borough council, 
and it would therefore seem inconsistent to prescribe two methods in 
which the same office may be filled, and then have one of these methods 
appear in a mandatory form. In view of the foregoing, a change has 


been made, which provides that instead of court being commanded 


to fill vacancies in a certain way, they are simply authorized to 
take such action, and as drafted in this form, they may operate 
under either provision as the exigencies of the respective cases re- 
quire. . 
Section 7. 
Is part of Section 7, Act of June 12, 1913, P. L. 499. 





CHAPTER IX. 





PARKS—SHADE TREES—FORESTS. 





ARTICLE I. 





PARKS AND PLAYGROUNDS. 
Section 1. 
Is Section 3, Act of May 3, 1909, P. L. 401, re-drafted in cet 


to make its provisions exclusively apply to the sabjert of boroughs. ~~ 


264 


ake 


~ Section 2. 

Is part of Section i Act of May 20, 1918, P. L. 257, amending 
Section 1, Act of May 3, 1909, P. L. 401. The section has oho drafted 
in order to exclude the subject of first class townships and to make 
its provisions apply only to boroughs. 

Section 3. 

Is part of Section 1, Act of May 20, 1913, P. L. 257, amending Sec- 
tion 1, Act of May 3, 1909, P. L. 401, re-drafted in onder to exclusively 
apply its provisions to the subject of boroughs. What is contained in 
one section has been divided into two sections in order to make bet- 
ter reading. } 

Section 4. 

Is part of Section 2, Act of May 3, 1909, P. L. 401, re-drafted in 
order to restrict its provisions to the subject of boroughs. So much 
of the original section as provided that an election was required when 
the value of the property or the rental thereof.......... exceeds the 
sum of $3,000.00, has been omitted and in its place has been substi- 
tuted where such amount exceeds one and one-half mills on the dol- 
lar of valuation, and this for the following reason. Section 1, of 
this Act of 1909 authorized the appropriation of private property 
for parks and playgrounds, but provided that no condemnation, lease 
or purchase should be made whereby the borough, within the period 
of three years would obligate itself to pay more than $3,000.00, 
without the consent of the electors first obtained. This section was 
amended by the Act of May 20, 1913, P. L. 257, whereby “more than 
$3,000.00” was changed to “more than oue and one-half per centum 
on the value of property, etc.” ‘The Legislature in amending the Act 
of 1909 overlooked Section 2 clearly through an inadvertence and as 
this section appears in the code it has been changed in order to agree 
with the provisions of the law as expressed in the Act of 1913. 

Section 5. 

Is part of Section 2, Act of May 3, 1909, P. L. 401. So much of 
this section as relates to townships has been omitted as it is beyond 
the subject of this code. 

Section 6. 

Is part of Section 2, Act of May 3, 1909, P. L. 401. 

Section 7. 

Is part of Section 2, Act of May 3, 1909, P. L. 401. The provisions 
of Section 2, of the Act of 1909, has in this code been divided into 
several sections, it being thought that in this way the subject would 
be more clearly presented. The provision that no question deter- 
mined negatively shall be again submitted “within one year’ has been 
redrafted so as to make “one election” intervene, it being thought 
that it better expresses the legislative intent and is more definite. 

Section 8. 

Is Section 4, Act of May 3, 1909, P. 3 401. 


265 


Section 9. 

Is part of Section 2, Act of June 8, 1895, P. L. 188, re- drafted in 
order to restrict its provisions to the subject of boroughs. This Act 
of 1895 is composed of seven sections dealing with the subject of emi- 
nent domain for the purpose of making, enlarging and maintaining 
public parks. Section 2, however, is the only part of the act which 


is live law, the remaining sections having been entirely supplied | 


by the Act of May 3, 1909, P. L. 401. -The provisions of Section 2, 
as it appeared in the original act has been divided into two sections 
in this code for the purpose of clearer reading and better arrange- 
ment. 

Section 10. 

Is part of Section 2, Act of June 8, 1895, P. L. 188. 

Section 11. 

Is part of Section 5, Act of May 3, 1909, P. L. 401. 

Section 12. | 

Is part of Section 5, Act of May 3, 1909, P. L. 401. 

There has been inserted in this section after “of the property” the 
words “their agents, attorneys or representatives.” It will be noted 
that Section 2, of the Act of 1895, P. L. 188, incorporated in Sec- 
tions 9 and 10, of this article provides a method whereby boroughs 
may take immediate possession of property needed for the estab- 
lishment or enlargement of public parks, by tendering a bond to the 
owner of the property, or to his agent or attorney if such persons is 
absent, or to the agent or other officer of a corporation, or to the 
guardian or committee of any person under legal incapacity. Sec- 
tion 5, of the Act of 1909, provides for the service of notice in the 
proceeding to assess damages, only upon the owners of the property, 
being silent as to their agents, attorneys or representatives, prob- 
ably through inadvertence. The procedure provided in the subse- 
quent sections of the Act of 1895, P. L. 188, for the assessment of such 
damages, is exactly the same as the procedure set forth in the Act of 
1909, excepting that the former affirmatively provide for notice not 
’ only to the owners of property, but in certain events to their agents, 
attorneys or representatives. In other words, it provides notice to 
the same parties to whom the bond might be tendered if the munici- 
pality desired to take immediate possession of the premises against 
the will of the owner. In order, therefore, to carry out the intention 
of the Legislature as expressed in the Act of 1895, the addition above 
quoted was made. The act has also been re-drafted in order to re- 
strict the act to boroughs, it being in its oe form applicable 
to townships as well. 

Section 138. 

The Act of 1909, the first five sections of which have alfenay been 
incorporated in this article contains a lengthy mode of procedure 
before the viewers for the assessment of damages, and also a proce- 
dure on their report. An examination of its provisions disclose the 


266 


“em eS 


fact that it had been drafted over the act of May 16, 1891, P. L. 7, 
and its provisions follow the section of this Act of 1891 almost ver- 
batim. in.view of the fact that the Act of 1891, has already been 
incorporated in this code, its provisions appearing in Article 2, of 
Chapter 6, it was thought inadvisable to write into the code a second 
time all the procedure contained in this prior chapter. A specific 
reference has therefore been made to the article and chapter of the 
code where the procedure for the assessment of damages and the pro- . 
cedure on the report of the viewers occurs, and a provision inserted 
providing that the proceedings in this case shall be the same as under 
the chapter and article referred to. By this change several sections 
of the Act of 1909 have been omitted the sections being from 6 to 
11, both inclusive, with the exception of part of Section 10. As 
some minor variancies between this act and the Act of 1891, so far 
as it relates to the condemnation proceedings prior to the action of 
the viewers occur, the provisions of the Act of 1909 have been 
adopted, and as stated, only so much of the prior act has been used 
as relates to the proceedings before the viewers and the proceedings 
upon their report. 

Section 14. 

Is part of Section 10, Act of May 3, 1909, P. L. 401, restricted in 
order to make it eacrusivaly apply to the subject of boroughs. 

Section 15. 

Is Section 12, Act of May 3, 1909, P. L. 401. 

Section 16. 

Is Section 1, Act of June 1, 1911, P. L. 544, omitting “heretofore” 
and substituting “prior to the first day of June, one thousand nine 
hundred and eleven,” this change being necessitated in order to 
preserve the intention of the Legislature which was to validate the 
acquisition of land outside the borough limits which had occurred 
prior to the passage of the Act of 1911, which was on June first. 
Were this section incorporated in the code in its original form its 
operation would be to validate such acquisitions prior to the passage 
of the code, if such is the case, which it is obvious would be a plain 
departure from the legislative intent. 

Section 17. - 

Is part of Section 1, Act of July 22, 1918, P. L. 902, amending: 
Section 12, Act of May 16, 1891, P. L. 75, re-drafted so as to make its 
provisions exclusively apply to the subject of the plans of parks and 
playgrounds in boroughs, it being in its original form applicable to 
parks, playgrounds, and streets and alleys in the several municipali- 
ties of the Commonwealth. So far as the act relates to the plan of 
streets and alleys in boroughs its provisions have been incorporated 
in Chapter 6, Article 10, of the code. 

- Section 18. 

Is part of Section 1,. Act of July 22, 1913, P. L. 902, ae cidtnns 
Section 12, Act of May 16, 1891, P. L. 75. 


267 


CHAPTER IX. 





ARTICLE II. 





SHADE TREES. 
(a) ESTABLISHMENT OF SHADE TREE COMMISSION. 


Section 1. 

Is Section 1, of the Act of May 31, 1907, P. L. 349. This act in 
its original fart after providing a method whereby the commission 
might be established and after prescribing its powers and duties pro- 
vided that boroughs might by ordinance accept the provisions of the 
act, and thereafter it would be in operation in such boroughs. In- 
stead of following out this system in drafting the article power has 
been given to boroughs to establish such a commission and as it has 
not been made mandatory the same result is obtained as intended 
in the original act. This change is made because it was felt that 
the system would present the subject in a better way. 

Section 2. 

Is part of Section 1, and part of Section 2, of the act of May 31, 
1907, P. L. 849. This act has been re-drafted and the provisions re- 
arranged, it being thought that the subject could in _this way be 
more clearly presented. 

Section 3. . 

Is part of Section 1, Act of May 31, 1907, P. L. 349. 

Section 4. 

Is part of Section 1, Act of May 31, 1907, P. L. 349. 

Section 5. 

Is part of Section 6, Act of May 31, 1907, P. L. 349. 

Section 6. 

Is part of Section 2, Act of May 31, 1907, P. L. 349. 

Section 7. 

Is Section 3, Act of May 31, 1907, P. L. 349. 

Section 8. : 

Ig part of Section 4, Act of May 31, 1907, P. L. 349. The original 
provisions of the act provided that a copy of the notice should be 
sent to the borough tax collector, and this for the purpose that 
this officer, if the money was not paid within a certain time, was 
required to file a tax claim for the amount of the assessment which 
could be collected as tax claims are collected under the Act of 1901. 
Attention is called to the fact that this is purely a municipal im- 
provement and the amount assessed against the owners of real 
estate is in no sense a tax, but is a municipal claim. In view 
of this fact it seems rather inconsistent that the amount should 
‘be collected as a tax, and not as a municipal claim, and a change 


268 


as lO 


has therefore been made~to the effect that the amount shall 
be filed and collected not as taxes but as municipal claims. This 
change does away with the necessity of giving a notice to the borough 
tax collector and it has therefore been omitted in the code. Notice 
to the borough treasurer has been substituted as this officer is 
required to receive the amount of the assessment and should there- 
fore have a copy of the certificate for the proper exercise of his 
duties. 

Section 9. 

Is part of Section 4, Act’of May 31, 1907, P. L. 349. Some de- 
parture has been made in this section from the terms of the original 
act. Section 4, in the act as passed simply provided that a notice 
should be given stating the time and place of payment and was silent 
as to who should give such notice and the time thereof. It seems 
advisable in order that this duty might be performed to impose it 
upon a designated officer and also to prescribe a specified time of 
such notice so that the provision would be general as to all boroughs. 
of the Commonwealth. Thirty days has been taken as the time of 
_ such notice as this seems to be the period prescribed by practically 
all the acts dealing with municipal claims and the duty of giving 
such notice has been imposed upon the secretary of the borough as 
this is the proper officer for the performance of such duties. 

So much of the original provisions of this section as authorizes 
the filing of a tax lien has been omitted and a provision substituted 
authorizing the filing of a municipal claim. This change, as stated 
above, is made in view of the fact that the work for which the claim 
is filed is in no sense a tax, but is a claim for a municipal improve- 
ment, and therefore the filing and collection of such claim should be 
governed by the law on the subject of municipal claims and not tax 
claims. | 

Section 10. 

Is Section 5, Act of May 31, 1907, P. L. 349, omitting so much 
thereof as authorizes the assessment of a tax as this provision has 
been incorporated in the taxation code. In order, however, to call 
attention to the fact that a tax may be levied and to make it un- 
necessary for the reader to refer to some other act in order to as- 
certain to what this section is cumulative, a specific reference has 
been made to the fact that there is an act which authorizes the levying 
of a tax to defray the same expenses. 

Section 11. 

Is part of Section 6, Act of May 31, 1907, P. L. 349. 

Section 12... | 

Is Section 7, Act of May 31, 1907, P. L. 349. 

It will be noted that Sections 8 and 9 of this act have been omitted 
from the code, the former as it is simply a repealing clause, and 


269 


the latter as it provides that boroughs may accept the provisions 
of the act, and therefore it is useless as the article has been drawn 
in an optional form. 








Section 13. 
Is part of Section 1, Act of June 17, 1901, P. L. 569, Act number 
275. 
Section 14. | 
Is part of Section 1, Act of June 17, 1901, P. L. 569, Act number 
275. 
CHAPTER IX. 
ARTICLE ITI. 
FORESTS. 
Section 1. 


Is part of Section 1, Act of April 22, 1909, P. L. 124. 
Section 2. 
Is part of Section 1, Act of April 22, 1909, P. L. 124. 
Section 3. 


Is part of Section 2, Act of April 22, 1909, P. L. 124. So much 
of the section which requires the ordinance to be advertised after 


its passage has been omitted as this provision is covered by Chapter 
7, Article 1, Section 6, Clause 4, of the code. * , 
Section 4. . 
Is part of Section 2, Act of April 22, 1909, P. L. 124. 
Section 5. 
Is Section 3, Act of April 22, 1909, P. L. 124. So atte of the 


section as provides that “the proper authorities shall notify the 


Commissioner of Forestry” has been omitted and the duty enjoined 


on the borough council, in order to leave no doubt who is to perform 


this duty. 

Section 6. 

Is Section 4, Act of April 22, 1909, P. L. 124. 

Section 7. 

Is part of Section 5, Act of April 22, 1909, P. L. 124. So ‘tah 
of the section as provides that the rules shall have for their major 
idea the sale of forest products for producing a continuing’ municipal 
revenue has been omitted from this section, and Wri eS ‘in 
Section 5, of the article. eq ad iiny 71 


Section 8. (7 SRb5 “oP 


Is Section 6, Act of April 22, 1909, P. L. 124. 


270 


7 
: 
; 


CHAPTER X. 





ARTICLE I. 





LIBRARIES. 
Section 1. | 
Is Section 1 of the Act of June 17, 1901, P. L. 569. This section: 
in its original form provided that the question of establishing a 
library should be submitted at “the election to be held on the third 
Tuesday of February in each year.” ‘This election has been abolished 
by the constitutional amendments of 1909 and the substitution of 
“municipal election” has been made. The term annual election has 
been changed to general election. This reference undoubtedly was 
to the general election of the preceding year and the reference has 
therefore been made to the general election. 

Section 2. 

Is Section 2 of the Act of June 17, 1901, P. L. 569. 

Section 3. 

Is Section 3 of the Act of June 17, 1901, P. L. 569. The ta 
“annual election” has been changed to “general election.” 

Section 4. 

Is Section 1 of the Act of May 11, 1901, P. L. 169. This section 
has been drafted so as to restrict its provisions to boroughs. 

Section 5. 

Is Section 2 of the Act of May 11, 1901, P. L. 169, so drafted as 
to restrict its provisions to boroughs and to omit much useless 
matter. 

Section 6. 

Is a section drafted to cover the provisons of sections 3 and 4 
of the Act of May 11, 1901, P. L. 169. These sections of the Act 
of 1901 provided the procedure before the viewers for the assessment 
of damages. The purpose throughout this code has been to eliminate 
the numerous proceedings set forth in the different acts of Assembly 
affecting boroughs, relating to the assessment of damages for property 
taken, injured or destroyed. The Act of 1891 and its amendments 
and supplements is a very complete and minute procedure to cover 
such cases. This procedure of Sections 3 and 4 of the Act of 1901 
has therefor been omitted and a reference has been made to Chapter’ 
6, Article 2, wherein is incorporated the Act of 1891 and its amend-' 
ments and supplements. Justification for this change in the law is 
found in that it will lessen the number of procedures and simplify 
the code. uf 


18H 271 


Section 7. 

Is a section drafted from Section 4 of the Act of June 17, 1901, 
P. L. 569. This section has been largely changed from its original 
form and the clause relating to the filling of vacancies for the un- 
expired term, has been inserted in order to complete the section. - 

Section 8. 

Is a section drafted from part of Section 4 of the Act of June 17, 
1901, P. L. 569. This part of this Section 4 provided that the 
treasurer should give bond. To this has been added the clause that 
the amount of the bond is to be fixed by the board. This addition 
has been made to complete the sense of this section. 

Section 9. 

Is Section 5 of the Act of June 17, 1901, P. L. 569. 

Section 10. 

Is Section 6 of the Act of June 17, 1901, P. L. 569. 

Section 11. 

Is Section 7 of the Act of June 17, 1901, P. L. Sibi: 

Section 12. 

Is Section 8 of the Act of June 17, 1901, P. L. 569. 

Section 13. 

Is a draft made from Section 9 of the Act of June 17, 1901, P. L. 
569. This section provided that the provisions of the Act of 1901 
should not apply to boroughs wherein a free library was established 
prior to the passage of that act. In order to keep the sense of 
this section, it has been so drafted as to prevent the operation of 
those sections which cover the Act of 1901, in boroughs, where li- 
braries were established prior to June 17, 1901. 

Section 14. 

Is Section 1 of the Act of April 22, 1905, P. L. 281. 

Section 15. ; 

Is Section 2 of the Act of April 22, 1905, P. L. 281. 

Section 16. 

Is a section drafted from Sections 1 and 2 of the Act of May 25, 
1897, P. L. 84. These two sections have been joined together, in 
this code, into one section and the reading has been ape 

Section 17. 

Is Section 1 of the Act of May 23, 1887, P. L. 164. This section 
in. its original form provided that all taxes on dogs collected under 
existing laws for borough purposes, should be applied to public li- 
braries. This reference to existing laws undoubtedly was a reference’ 
to the power of boroughs to levy a dog tax under the Act of April 
3, 1851, P. L. 320. As this power is contained in this act, the words: 
“existing laws” have been stricken from the section and the words 
“this act” have been substitued. | 








CHAPTER XI. 





ARTICLE I. 





BURIAL GROUNDS. 
Section 1. 
Is a section drafted from Section 2, Clause 16, of the Act of April 
3, 1851, P. L. 320. 

Section 2. 

Is Section 1 of the Act of April 23, 1909, P. L. 155. 

Section 3. 

Is Section 2 of the Act of April 23, 1909, P. L. 155. 

Section 4. 

Is a draft from Section 3 of the Act of April 23, 1909, P. L. 155. 
This section has been re- drafted in order to simplify its reading. 

Section 5. 

Is Section 2 of the Act of May 13, 1876, P. L. 159, amending Sec- 
tion 1 of the Act of May 19, 1874, P. L. 208. From this section has 
been omitted the clause authorizing the courts “to enforee their 
decrees by proper process.” This clause is simply declaratory and 
there seems no necessity for incorporating it. 

Section 6. 

Is a part of Section 3 of the Act of May 13, 1876, P. L. 159, 
amending Section 2 of the Act of May 19, 1874, P. L. 208. What was 
originally Section 3 of this act has in this code been divided into 
four sections. 

Section 7. ; 

Is a part of Section 3 of the Act of May 13, 1876, P. L. 159, amend- 
ing Section 2 of the Act of May 19, 1874, P. L. 208. 

Section 8. : 

Is a part of Section 3 of the Act of May 13, 1876, P. L. 159, amend- 
ing Section 2 of the Act of May 19, 1874, P. L. 208. 

Section 9. 

Is a part of Section 3 of the Act of May 13, 1876, P. L. 159, amend- 
ing Section 2 of the Act of May 19, 1874, P. L. 208. 

Section 10. 

Is a part of Section 1 of the Act of April 29, 1909, P. L. 291, 
amending Section 1 of the Act of May 12, 1887, P. L. 96. What was 
originally Section 1 of this act has, in this code, been divided into 
two sections. This part of Section 1 has been somewhat re-drafted 
and much useless matter has been omitted. Originally this section 
applied to cities, townships, and school districts in addition to 
boroughs. The draft has been restricted to boroughs. 


273 


Section 11. 

Is a part of Section 1 of the Act of April 29, 1909, P. L. 291, 
amending Section 1 of the Act of May 12, 1887, P. L. 96. 

Section 12. 

Is a part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- 
ing Section 2 of the Act of May 12, 1887, P. L. 96. The clause “at 
their own expense” has been changed to “at the expense of the party 
making such removal.” ‘This clause in the original act was very 
awkward and it was hard to ascertain just at whose expense this 
removal was to be made, but as it is punctuated in the original sec- 
tion, it.seems to relate to both the managers of the cemetery com- 
pany and the borough, depending on which is making the removal. 
The change has therefore been made as hereinbefore set forth in order 
to clarify the reading. What was originally Section 2 of this Act . 
of 1909 has in this code been divided into four sections. 

Section 13. | | 

Is a part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- 
ing Section 2 of the Act of May 12, 1887, P. L. 96. 

Section 14. 

Is part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- 
ing Section 2 of the Act of May 12, 1887, P. L. 96. 

Section 15. 

Is part of Section 2 of the Act of April 29, 1909, P. L. 291, amend- 
ing Section 2 of the Act of May 12, 1887, P. L. 96. 





CHAPTER XII. 





ENFORCEMENT. OF ORDINANCES—ACTIONS BY AND > 
AGAINST BOROUGHS. 





ARTICLE I. 





ENFORCEMENT OF ORDINANCES. 

Section 1. 

Is a section drafted from a part of Section 6 of the Act of April 
1, 1834, P. L. 163; Section 32 of the Act of April 3, 1851, P. L. 320; 
and the latter part of Section 2 of the Act of June 4, 1897, P. L. 121. 

Section 2. | | 

Is Section 1 of the Act of June 4, 1897, P. L. 121. This section 
originally related to policemen and constables but has been drafted 
so as to make it apply to policemen only, a constable being not 
properly a borough officer. 

| 274 








Section 3. - 

Is a part of Section 2 of the Act of June 4, 1897, P. L. 121. 

Section 4. 

is a part of Section 3 of the Act of June 4, 1897, P. L. 121. What 
‘was originally Section 3 of this act has, in this code, been divided 
into three sections. 

Section 5. 

Is a part of Section 3 of the Act of June 4, 1897, P. L. 121. 
Section 6. 

- Is a part of Section 8 of the Act of June 4, 1897, P. L. 121. 

Section 7. 

Is a part of Section 1 of the Act of May 18, 1887, P. L. 122. This 
section in its original form also had reference to “aldermen.” The 
appearance of the word “aldermen” as connected with the borough 
government was evidently through inadvertence, as an aldermen is 
not an officer within a borough. It has therefor been stricken from 
this section. What was originally Section 1 of this Act of 1887 has, 
in this code, been divided into two sections. 

Section 8. © 

Is a part of Section 1 of the Act of May 18, 1887, P. L. 122. 

Section 9. 

Is Section 1 of the Act of June 7, 1911, P. L. 677. This act was 
general to municipalities, but in this code has been drafted so as to 
restrict it to boroughs. It may be well to note that the Act of March 
28, 1905, P. L. 61 has not been used in this compilation, being wholly 
superceded by the Act of June 7, 1911, P. L. 677, here cited. 


nae 
| 





CHAPTER XII. 





ARTICLE II. 





ACTIONS BY AND AGAINST BOROUGHS. 


(a) MUNICIPAL CLAIMS. 

Section 1. 

Is Section 1 of the Act of March 25, 1909, P. L. 78, amending 
Section 1 of the Act of April 4, 1907, P. L. 40. This section in its 
original form was general to municipalities, but in this code, has 
been drafted so as to restrict it to boroughs. The jurisdiction con- 
_ ferred in the original section was “to the limits of their jurisdiction.” 
This has been changed to three hundred dollars. 


275 


(b) DEFENCES BY TAXPAYERS. 

Section 2. : 

Is a section drafted from Section 1 of the Act of March 23, 1877, 
P. L. 20. This section has been redrafted in order to clairfy its 
reading and to avoid the use of a proviso. The original section was © 
general to boroughs, townships and school districts, but in this code, © 
has been drafted to restrict it to boroughs. 

Section 3. | 

Is a part of Section 1 of the Act of May 11, 1911, P. L. 208. This — 
section has, in this code, been divided into two sections in order to 
avoid the use of a proviso. 

Section 4. 

Is a part of Section 1 of the Act of May 11, 1911, P. L. 208, so 
drafted as to restrict it to boroughs. 

Section 5. 
. Is Section 2 of the Act of May 11, 1911, P. L. 208, so drafted as to 
restrict it to boroughs. 





(c) LIABILITY IN BOND TRANSFERS. 
Section. 6. 
Is Section 1 of the Act of May 23, 1874, P. L. 222, so drafted as to 
restrict it to boroughs. 


276 





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1850, 
18638, 
1869, 
1870, 


1871, 


“June 15, 


4, June 13, 


April 22, 
April ~ 1, 


March 4, 


June 2, 


May 14, 


May 15, P. 


May 2, 
June °8, 


Feb. 17, 
May 5, 


May 13, 


YY 
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April 20, P. 
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sa 


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si 


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. L. 525, See, 
. L. 200, Sec. 
L. 81, See. 

. L. 34, Sec. 


L. 283, Sec. 


. 391, 
. 159, 


Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
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Sec. 
Sec. 
Sec. 
Sec. 
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Cl. Vv, Seoeeeseeseeseseseesees 


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OCC HEHEHE HEHEHE HEE EERE EE eeeee 
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SECC SES EE HEHEHE TEESE EHEEEESEEE 
SOCSCHSTHHEHHEHE HTH HHHEE HEE HETHEEEE 
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POPC C OEE EEE OEE H EEE DEES eeoecee 


COMPETE OHH EEE EEE HEEE SE HOSES ee 
COC TCeeeteeeeenseee eeeteoeeoereses 
CPPCC MOE HHH HEH HEE EKO HO EEE EE . 
POPP eee eee eee eee eeleeerrewe 
CWO Per ee weer ew ee teeeeees eeeee 
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eerrereresseseerrss eeeoeeeseseces 
eorerrrerrerene vousde tient foes vee 
eeeerewrerresesereresee eevecsesee 
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eoewrrereres Peers eerereceeseseee 
cree ee reer essere se eeees beeeteie 
coveeeeresesoe Seeeveesesves weeds 


coeee renee e seers nese see 


SoSH HOT OSTEO HSE HEH HSE eee Ee EEE Ee 


Soeeeereeresewerseereoeeseeseseie 


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a ae 


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1878, 


1878, 


1878, 


1885, 


1885, 
1887, 


1887, 
1887, 


1887, 
1887, 


1887, 
1887, 


1889, 


1889, 
1889, 


1889, 
1889, 


1889, 


1889, 


March 23, 
March 24, 
March 24, 


April 18, P. 


May © 10, 
May 2, 
June 12, 


May tT, 
May _ 17, 
May 22. 
June 13, 
June 10, 
June “ 24, 
June 25, 
May. 7, 
May. 18, 
May* 19, 
May. 23, 
May 24, 
March 24, 
June 1, 


April 17, 
April 22, 
April 23, 
May 9, 
May 9, 
May 13, 


May 15, 


) ee ah) mio 
et By beet. ee od oth il lee oi et 8 sae o) a, «laa ete “Er tities 
Se NNN PPR RPE YPNHEEHS PERE POP PPE PPPOE PPP PPP YPN PPP PY EP PeEePNPooNe rtp woe PPro RH Ape Ee eee 


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PROC H eee Hee eee eeeseosse 
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Sees e re ee seers reseeee eereeeees 
Bee eres see esses eeeeee Seeesererese 
POPPE PORTH EEE eee eee EEE EES 
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OPP eee eee ee ee . 
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PCHRD E EEE ee 
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COP eee ee ee ee ed 


Sec. 


anew ae pro 


10 


= 


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KF OmoNtantrFonn 


1891, 


1891, 


1891, 
1891, 
1891, 
1891, 


1893, 


1893, 


1893, 


1893, 


1898, 


1893, 


1895, 
1895, 
18%, 


1895, 
18%, 


May 


May 


May 


May 


May 
May 
June 
June 


May 


May 


June 


June 


June 


June 


May 
May 
June 


June 
June 


29, 


16, 


16, 


12, 


HB Ba fe 


ee 
sia) 


ae 


113, 


. 284, 


L. 327, 


L. 335, 


459, 


a TOS SOND eer eS nee 
gg SE any oR rer haa 5 
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Bese ds EER EER epee, 2 
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9 Bias Laiahias ewesseag 3 
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RRO ee ekstes 
Borroe Saeees Scare bateeks 
Be ees Rea cea ; 
Wetec tac nsns ite etait 
Be SS AR Alvi canna 
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Brees: eles ELEN ITSS = 

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BS ete ie lalveicsnucesaenne 
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1897, June 


1897, July 
1897, July 


1897, July 


1899, April 


1899, April 


1901, May 


1901, May 
1901, May 
1901, June 


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POPC SETS ESETESES ES EETESESESES 
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SOSH ESOT EETHT TEESE EEE EE EEEEEE 


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SOPH SESE ESE HES EEE HHES ES EEEEEEe 


See eeeseseresesees eeeeeeressseee 
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SRT e eee eeeeeeeseeeeseee eee 
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ete eee ee eee eee eee ee eee 
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1901, 
1901, 


1901, 


1901, 
1901, 


1901, 


1901, 


1901, 


1903, 
1903, 
1908, 
1903, 


19038, 


1903, 


1903, 
1903, 
1903, 
1908, 
1905, 


1905, 
1905, 


1905, 


1906, 


June 10, 
June 10, 


June 17, 


June 17, 
June 19, 


July 10, 


July 10, 


July 17, 


Feb. 6, 
March 11, 
March 18, 
March 19, 


March 19, 


April 2, 


April .13, 
April .22, 
April 23, 
April .28, 
March 21, 


April 10, 
April 14, 


April 14, 


April 18, 


Why 


ee ae eae 


eA RN A 
Bota abrtatrtn. ARI EAE ets abr 


HH 


m 


569, 


L, 573, 


634, 


. 124, 


. 198, 


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| 


XVIII 
XVIII 
XVIII 
XVIII 
XVIII 
XVIII 
XVIII 


Le Ae ee oe oe Bo | 


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1905, 
1906, 
1905, 
190, 
1905, 
1907, 
1907, 


1907, 


1907, 


1907, 
1907, 


1907, 


1907, 
1907, 
1907, 
1907, 
1907, 
1907, 


1907, 


April 


April 


1907, May _28, 


1907, May 28, 
1907, May 31, 


PB. L. 


215, 


SOC SHS HSE SHH EH EHH ESE EE HE EEEEE 
Seeeeeeeeeeseseeeseseeseaeeeeeeses 
. 
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See eee eeeeeseeeseseseseseseees 
SRS S SSS HSHESESESHEEEEEEEEEEE 
SOSH CL eS ESE STEH BEEBE EEESEEEEES 
SOC SSeeSeFeSeesseseseseseseeees 
Seeeeessesesesesseesesesesseeeees 
Seeeeeeeeeeeeeeesseseeesesseseeses 
SOC eH O HSE ESET ESE HEE EEE EEEED 
SOSH SHH SHESEH TE EHESESESEEEESE 
Cee etree eeseseeeeeseseees eeeeeee 
Seeeeeeeeseeeeeeeseeseseesseeseeseeeeee 
SOCCC CSS S SESH HEHEHE T ES ES EEEE EES 
SOCCC OSHS SEEESEHHEEEESEEEEEEE 
SSSTHHESESHSHSESSHSSE TESTE EEEEE 
SRST H HH EEHH SE SEE ESOS ESET EEE 
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Seeereseersessseesesesseee eeceee 
SOSH CSET ESTEE TE SHH EEEETESEESESSE 


eeeeeeee Seeeeeereeseeeseseseses 
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Peers eerwasesesees eesee eeeeree 
eerste esesee eeeeteereeeeaseseeee 


SCC HSH SETS SE SSHESHESETESEEESEES 
fees eeeseseere Seer eeeeresseeeese 
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seers reesseee eeeeeeeeseoase eeece 


Seeeseeeeseeeeesaessereeeeeesseses 


Seeeresseseseesesesessese eeeeceee 
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weeeereeeeees See eeeereeeseeesese 


SOCCER eee eee ETE EEE SEE EEE EEEEEE 


eeeeee Serer eeeesesereressessesees 
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eoeseseee . . eeeeeeese eeeee 
aeeeee Pewee eseeeseseeseseeseseee 
Seer eeeeeseseeeeeeees eeeese . 

Seeeeeeeeeseeeesees @eeseeescessce 
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Steere eres eesrseseee seeeeseeeeeoeee 


e@erres eeeererree eeeeee eeeerestes 
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Cee ee eee ee ee eee eee eee eee ee eee 
SOOTHE EEE HEHEHE HEE EEE 
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SOCCER TEESE EEEETESESEEEEEEE 


eeeee Sees eeeeeeeereseseseee . 

. eeeeeeesesese eeeeeeeeeeeere 
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1907, June 1, P. L. 365, Sec, 


1907, June 7, P. L. 461, Sec. 


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June 
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VII 


XXXIII 
XXXIII 
XIII 


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Sec, 
Sec. 
Sec. 
Sec, 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
1918, June 12, P. L. 499, Sec. 

Sec. 


1918, June 12, P. L. 488, 


1918, June 
1918, June 
1918, June 
1913, June 
1913, June 


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1913, July 24, P. L. 1017, 


1913, duly 26, P. L. 1439, 


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